General Terms and Conditions of Sale – LA PÂTISSERIE DES RÊVES

IMPLEMENTATION AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale govern relations between La Pâtisserie des Rêves, a EURL company registered with the Trade and Companies Register of Bourges under number 822 597 621 whose registered office is located at Valad Parc des Docks, 50, rue Ardoin, 93400 SAINT OUEN - France, hereinafter referred to as "the vendor", and any non-trading natural person of full age, hereinafter referred to as "the customer", in connection with the sale of goods offered on the website "http://lapatisseriedesreves.com".

These conditions relate exclusively to non-trading natural persons who have legal capacity to enter into a supply contract. The full acceptance of these General Terms and Conditions of Sale is necessary and indispensable to place an order. Consequently, the customer will not be able to oppose a clause, as the placing of an order acts as express acceptance thereof.

Given the possible changes to the website, the vendor reserves the right to adapt or amend these General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will be published on the website and will apply to any order placed after their publication.

ORDER PLACING AND CONFIRMATION

Customers can place an order on the website "http://Lapatisseriedesreves.com".

The steps to place an order are the following:

-          Select goods

-          Add goods to cart

-          Confirm the content of the cart

-          Choose between collecting your order in a boutique today / collecting your order in a boutique tomorrow or another day / delivery / shipping

-          Create a customer account, the customer fills in a form with their personal information, i.e. their first and last names, billing address, shipping address, email address and telephone number

-          Choose the date of collection, delivery or shipping of the order in a calendar

-          Select the payment platform: Ingenico Services

-          Tacit acceptance of the General Terms and Conditions of Sale

-          Confirm the order

-          Confirm the payment

During these various steps, the customer has access to the order details and the total price, and can correct possible errors before confirming their order, thereby expressing their acceptance.

Once the goods have been paid for, the order is final and no more modifications will be taken into account by the vendor.

The contract is only concluded once the vendor confirms the order. The vendor will confirm the order and its payment by sending two emails to the email address provided by the customer.

The vendor reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order or who presents any risk in their view.

All the information indicated by the customer is their sole responsibility and the vendor accepts no liability for any error resulting from their actions should he be unable to execute the order and to complete it successfully.

PRICE OF GOODS

The selling prices of goods sold on the website "http://lapatisseriedesreves.com" are quoted in Euro, including VAT and excluding shipping and delivery costs. They take into account the French VAT rate applicable on the day the order was placed. Any changes in the VAT rate will be immediately reflected in prices. Goods will be charged on the basis of the rates applicable when the order was registered.

The prices displayed on the website are subject to review at any time without prior notification, depending on the price of seasonal goods and economic conditions.

The shipping costs include a contribution to preparation and packaging fees, as well as postage costs and delivery fees associated with the order.

PAYMENT (SECURITY OF TRANSACTIONS)

Online payment is only possible with a credit or debit card. The customer accepts that the total amount due when the order was placed shall be debited from their account. The customer chooses the only one available payment solution: Ingenico Services. Credit and debit cards accepted via Ogone, Ingenico Services: Exclusively MasterCard and Visa.

Depending on the type of card, the customer enters their card number, its expiry date and the security code (made up of 3 digits printed on the back of the card), and then approves the data or can return to the previous page.

Online payments made via the Ingenico Services platform with a credit or debit card will be completed through the secure payment system of the Caisse d'épargne bank. The payment request is sent to the secure payment system in real time: the bank makes sure that the credit or debit card is valid (no input error, or blocking of the card) and confirms receipt of the payment by issuing a transaction number or informing that the transaction has been rejected.

After the bank confirms the payment, the order is approved by the vendor, who then inform the customer via email that the order has been approved.

The customer agrees to make personal use of the credit or debit card which they hold. The vendor shall not be liable in the event of any fraudulent use. In case of insufficient cash funds or of refusal from the bank branches, the order will be automatically cancelled and the customer will be notified thereof by email.

The goods remain property of the vendor until the price has been paid in full to the vendor.

UNAVAILABILITY OF GOODS

The vendor reserves the right to make changes to the range of goods. Certain offers are available for a limited period time. The duration is indicated for each good or range of goods.

The vendor undertakes to fulfil orders received on the website within the limits of available stocks. Exceptionally, a good listed as available on the website might be unavailable by the time the order is registered.

In the event of unavailability of one or several good(s) ordered on the website within given time limits, the vendor undertakes to inform the customer thereof without delay by email or telephone.

The order will be automatically cancelled and refunded within 30 days following the receipt of the payment, unless the customer expressly wishes to change their order and select a substitute good that has been recommended by the vendor (customer service or in-boutique sales consultant)

No penalty will be imposed for such an order cancellation, as the vendor cannot be held liable in the event of an inventory shortage. No cancelling fee can be claimed by the customer aside from the full refund of the order.

PROVISION OF GOODS

Collection from a boutique

The collection of goods from a boutique is subject to full payment and confirmation of the order. Collection from a boutique is free of charge. By choosing collection from a boutique, the customer acknowledges and agrees to the terms and conditions of this solution.

Any order placed on the website for collection on the same day will be prepared and made available for the customer in the boutique of their choice during opening hours within one hour and a half from the order confirmation, only if the order has been accepted by the vendor, and if the order has been confirmed by the customer before 3PM, from Monday to Sunday.

Any order placed on the website for collection on another day will be prepared and made available for the customer in the boutique of their choice during the opening hours, only after the order has been confirmed by the vendor.

The order confirmation by the vendor implies the receipt by the boutique chosen by the customer of an e-mail. The boutique chooses to approve the order or refuse it according to the limit of available goods.

If the boutique refuses a customer order, the customer is contacted directly through telephone (according to the phone number details mentioned in the order by the customer). The boutique gets in touch with the customer only as soon as possible, only within its opening hours, and offers to the customer the following solutions: *

-          Replace the missing products

-          A complete or partial refund of the order

-          Collect the order from another store

The Client Service remains at the disposal of the customer from Monday to Friday, from 10AM to 5PM, at +33 (0)9 72 45 92 67.

*Except specific cases:

- The vendor reserves the right to amend the terms of collection from a boutique, the opening and closing days of boutiques and the opening hours.

- Orders are guaranteed in the limit of available goods, in terms of quantities, of production capacities and of other factors.

The goods ordered and made available can be collected from La Pâtisserie des Rêves boutiques during opening hours, at the following addresses:

CENTRE BEAUGRENELLE La Pâtisserie des Rêves 12 rue de Linois, Paris, 15tharrondissement. Opening hours: Monday to Saturday, from 10 AM to 9 PM. Sunday from 10 AM to 8 PM Tel: +33 (0)1 45 77 28 32

BAC La Pâtisserie des Rêves 93 rue du Bac, Paris 7th. Opening hours: Tuesday to Thursday, from 9 AM to 7 PM, Friday to Saturday, from  9 AM to 8 PM, Sunday, from 9 AM to 2 PM Tel: +33 (0)1 42 84 00 82

PONCELET La Pâtisserie des Rêves 19 rue Poncelet, Paris 17th. Opening hours:Tuesday to Friday, from 10 AM to 7:30 PM Saturday from 9 AM to 7:30 PM Sunday from 9 AM to 2 PM Tel: +33 (0)1 42 67 71 79

LONGCHAMP La Pâtisserie des Rêves 111 rue de Longchamp, Paris 16th. Opening hours:Tuesday to Friday, from 10 AM to 7 PM. Saturday, from 9 AM to 7 PM and Sunday, from 9 AM to 2 PM Tel: +33 (0)1 47 04 00 24

CENTRE PARLY 2 La Pâtisserie des Rêves 2 Avenue Général de Gaulle, Le Chesnay (78158). Opening hours:Monday to Saturday, from 10 AM to 9 PM. Tel: +33 (0)1 39 02 08 63

Home delivery by courier

Home delivery by courier is subject to full payment and confirmation of the order. By choosing home delivery, the customer is acknowledges and agrees to the Terms and Conditions of this option.

Each order placed on the website for delivery will be prepared and delivered according to the time slot selected by the customer, only after the order is confirmed by the vendor. The order confirmation implies the receipt by the customer of a first order notification indicating that the order is being processed, followed by a second order notification indicating that the order has been approved. These notifications will be sent to the email address provided by the customer

Deliveries can be made on Saturdays and Sundays, if and only if the customer places their order between Monday and Friday. *

*Except specific cases:

- The vendor reserves the right to amend the delivery conditions.

- Orders are honoured depending on product availability (stock, production, or other reasons).

Delivery time slots

Between 11 AM and 2 PM / Between 2 PM and 5 PM / Between 5 PM and 8 PM

Delivery address

The customer is responsible for the information regarding the recipient's name and address. The details must be accurate, complete and correct (including the floor number and door code) to ensure proper delivery. Under no circumstance shall the vendor be held liable for a return delivery due to an address error or an impossibility to deliver to the given address. Any change in the recipient's address will cause a re-billing.

Receipt of products

Our goods are always transported at the recipient's own risk. It is up to the customer to check the parcel's content upon receipt and, if need be, to express precise reservations on the delivery note.

Any anomaly with the goods (damaged goods, missing item, non-compliance, damaged or open parcel, flawed products) should absolutely be pointed out to the Customer Service within 3 days after receipt of the parcel.

Rates and delivery areas

From MONDAY to FRIDAY ZONE 1 / RATE €28 / SATURDAY and SUNDAY ZONE 1 / RATE €56                  

From MONDAY to FRIDAY ZONE 2 / RATE €37 / SATURDAY and SUNDAY ZONE 2 / RATE €64  

Zone 1. Inner Paris: 75001 75002 75003 75004 75005 75006 75007 75008 75009 75010 75011 75012 75013 75014 75015 75016 75017 75018 75019 75020.

Zone 2. Inner suburbs: 92 600 Asnières 93 300 Aubervilliers 93 170 Bagnolet 92 270 Bois colombes 92 200 Boulogne Billancourt 92 110 Clichy 92 700 Colombes 92 400 Courbevoie 92 230 Gennevilliers 94 250 Gentilly 92 130 Issy les Moulineaux 94 200 Ivry sur Seine 94 270 Kremlin Bicêtre 92 250 La Garenne Colombes 93 260 Les lilas 92 300 Levallois Perret 92 240 Malakoff 93 100 Montreuil sous-bois 92 120 Montrouge 92 000 Nanterre 92 200 Neuilly sur seine 93 500 Pantin 93 210 La Plaine St Denis 93 310 Pré-Saint-Gervais 92 800 Puteaux 92 210 St Cloud 94 160 Saint Mande 93 400 Saint Ouen 92 150 Suresnes 92 170 Vanves 93400 Vincennes                                                                          

Shipping

The customer can choose between two home delivery methods:

  • Colissimo delivery to mainland France
  • Chronopost delivery to mainland France and International.

Delivery times are for reference and the vendor will do their best to meet them. However, the vendor shall not be held liable for any possible delivery delay due to the transportation service provider.

The customer can choose a delivery date during completion of the order.

Shipping costs include a contribution to preparation and packaging fees, as well as postage costs and delivery fees associated with the order.

Colissimo's shipping conditions

Any order placed on the website before 2 PM from Monday to Friday (except holidays) will be prepared and shipped on the same day. Delivery period is 2-3 working days.

Any order placed on the website after 2 PM from Monday to Friday (except holidays) will be prepared and shipped the day after. Delivery period is 2-3 working days.

Orders placed on Saturdays and/or Sundays are prepared and shipped the following Monday (except holidays). If the order is placed on a holiday, or on the day before a holiday, delivery is postponed and processed on the next working day.

Colissimo delivery is performed in mainland France and Corsica.

Chronopost's shipping conditions

Any order placed on the website before 2 PM from Monday to Friday (except holidays) will be prepared and shipped on the same day. The parcel is delivered the day after before 1 PM. Chronopost shipping is not available from Monday to Friday after 2 PM.

Chronopost shipping is not available on Saturdays, Sundays and holidays.

Chronopost delivery is only possible in mainland France and Corsica.

CUSTOMER SERVICE

The vendor shall do their best to satisfy their customers. However, and as required by the article L 121-19 of the French Consumer Code, if a customer wish to make a claim, they must contact the Customer Service at the following address: LA PATISSERIE DES REVES- Service customer – Valad Parc des Docks, 50, rue Ardoin, 93400 SAINT OUEN - France.

Customer Service can also be contacted at the following mail address: contact@lapatisseriedesreves.com or by phone from monday to friday, from 10am to 5pm, +33 (0)9 72 45 92 67.

QUALITY OF THE GOODS

The vendor guarantees the quality and freshness of their goods, so long as they are stored in the dark at a cool temperature (between 0 and +3°C).

The vendor ensures the integrity of the goods during delivery with a packaging that will protect the products from any damage during transportation.

RIGHT OF WITHDRAWAL

In accordance with article L 121-20-2 paragraph 3 of the French Consumer Code, the customer has no right of withdrawal for supply contracts regarding perishable goods, such as the goods sold on the website.

WARRANTY DISCLAIMER

All the goods offered on the website are covered by legal warranty regarding the consequences of defects or hidden defects that can impact the goods according to articles 1641 of the French Civil Code.

The customer has a period of 3 days from the date of receipt to send a complaint to the Customer Service for noncompliance or apparent defect of the delivered goods.

Beyond that deadline, and having failed to comply with this condition, the goods shall be considered compliant and free from any visible defect, and no complaint shall be validly accepted by the vendor.

RETURNS 

For hygiene and food safety reasons, perishable goods cannot be returned or exchanged.

The vendor accepts no product return from the customer except in case of formal agreement with the Customer Service. In case of agreement for a return, the product must be returned in its original packaging and condition along with the proof of purchase. Any damage noticed in a returned product due to a packaging level that was not respected may cause a partial refund or a non-refund of the product.

REFUND

If the apparent defect or the lack of compliance of the product is proven, the vendor undertakes to replace the product or refund the customer as soon as possible and at their own expense. The refund will be processed within a maximum of 30 days from the receipt of the refund request by wire transfer.

INTELLECTUAL PROPERTY

All the texts, comments, works, illustrations and images reproduced on the website are reserved under copyright and intellectual property laws worldwide. As such, and in conformity with the applicable conditions of the French Intellectual Property Code, they can only be used for private purposes, except as otherwise stated in more restrictive conditions of the French Intellectual Property Code. Any reproduction in whole or part of the website "http://lapatisseriedesreves.com" is strictly forbidden unless otherwise agreed previously.

PRIVACY OF PERSONNAL DATA

The company Pâtisserie des Rêves is registered under the CNIL (the French authority for data protection) since 19th February 2015 under number 1837606. The data collected by La Pâtisserie des Rêves through the website "http://lapatisseriedesreves.com" are required for the management of orders and commercial relationships.

According to the French Data Protection Act of January 6th, 1978, the customer has a right of access, rectification, opposition and deletion of any data held about them at any time by writing a letter with a proof of their identity to PORTVILA LA PATISSERIE DES REVES – Valad Parc des Docks, 50, rue Ardoin, 93400 SAINT OUEN - France.

The data shall be processed and stored under conditions designed to guarantee their safety. The customer can expressly oppose the disclosure of their personal information.

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STORAGE

Storage of purchase orders and invoices shall be carried out by the vendor on a reliable and sustainable device to keep a sustainable and accurate copy in accordance with article 1348 of the French Civil Code.

Furthermore, as required by article L 134-2 of the French Consumer Code, the vendor shall be responsible for the safekeeping of the written record that proves the conclusion of the contract in electronic format for 10 years in case the contract is worth 120 euros or more.

PROHIBITION OF OFF-NETWORK SALES

The goods are meant to be sold only in our distribution network. Therefore, it is forbidden to purchase goods in order to resell them outside of our network, especially on websites. More than compromising the integrity of our brand and products, such actions can incur the civil liability and if need be the criminal responsibility of any perpetrators.

APPLICABLE LAW & DISPUTES

These General Terms and Conditions of Sale are subject to French law.

In the event of a dispute, an amicable resolution shall be sought prior to any legal action. Therefore, we ask our customers to please contact our Customer Service at the following address:

PORTVILA LA PATISSERIE DES REVES – Valad Parc des Docks, 50, rue Ardoin, 93400 SAINT OUEN - France.

Should no amicable resolution be reached, any legal action shall be brought to the competent courts.


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