Terms of Sales
1. OBJET
These general terms and conditions of sale apply without restrictions or reservations to all online sales proposed by the company cakepro on the website www.https://patisseriecreative.fr/en/ (hereinafter: “the Site»).
The Site is an e-commerce platform that allows Internet users (hereinafter:the Buyers») to buy cakes, assembled pieces, macarons, personalized biscuits and customizable, put on sale on the Site (hereinafter: “products»).
The purpose of these Terms and Conditions is to define the terms and conditions for the sale and delivery of Products, as well as to define the rights and obligations of the parties in this context.
2. SELLER IDENTITY AND CONTACT
The site is operated by the company cakepro, registered at the RCS in Paris under No. 978 318 723,Which is located 9Rue des colonnes75002 Paris(hereinafter: « cakepro ), which offers the Products for sale.
3. LEGAL CAPACITY
The Site is accessible:
- To any natural person with full legal capacity to engage under these Terms and Conditions. The natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.
- To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
4. PRODUCT FEATURES
4.1. Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product he wishes to order.
4.2. Products are offered for online sale within the limits of available stocks, or subject to the possibility of ordering them if applicable.
In case of unavailability of the Product after placing the order, cakepro will notify the Purchaser by email: its order will be automatically cancelled and no flow will be made.
4.3. The photographs and descriptions of the Products offered for online sale are as specific as possible. They only engage cakepro for what is indicated precisely. However, the Buyer is informed and agrees that certain characteristics of the Products, including their colour, weight and size, may not correspond exactly to the photographs presented on the Site, taking into account the very nature of the processes used, specific to artisanal manufacture.
These variations do not affect the quality of the Products offered for sale and confirm their unique character.
4.4.Cakepro undertakes to transcribe the messages desired by the Buyer as they are on pastries, cakes, macaroons and biscuits and not to make any corrections, even spelling. It is up to the Buyer to check the requested text when placing the order.
5. COMMANDE
5.1. Placing an order
To place an order, the Buyer must select the Product of their choice and place it in their basket
It can access the summary of its basket at any time as long as the order is not permanently validated and can correct any errors in the inputs
The order is deemed received by cakepro when it can have access to it
As part of its order, the Buyer is invited to provide its contact information for delivery and billing purposes. It must complete all fields marked as mandatory in the form provided for this purpose. Orders that do not include all required information cannot be validated
The Buyer ensures that all the information he gives in the order form is accurate, up-to-date and sincere, and is not covered by any misleading character.
He is informed and accepts that this information is proof of his identity and commits it as soon as they are validated.
5.2. Order confirmation
At the end of its order, the Buyer receives by email a confirmation of it that:
- summarizes the elements of the order and the expected delivery time,
- includes the invoice corresponding to the order.
The Buyer must ensure that the contact details provided during the order are correct and that they allow him to receive the confirmation email of his order
If this is not received, the Buyer must contact cakepro using the contact details mentioned in article 2.
Cakepro recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed to be received by the Buyer when there is access.
6. PRICES AND PAYMENT TERMS
6.1. Price
The sales prices of the Products are displayed on the Site
They are indicated in euros, all taxes included (French TV and other applicable taxes).
Cakepro reserves the right, at its discretion and in terms of which it will be judged, to offer promotional offers or price reductions.
The prices do not include delivery costs that may be applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery costs will be indicated before validation of the order by the Buyer.
In the event of failure of delivery due to an incorrect or incomplete address provided by the Buyer, additional costs may be charged to the Purchaser, as indicated in section 7.2.
The applicable price is the one displayed on the Site at the time of registration of the Buyer’s order
Attention: Outside the European Union as well as in the DOM-TOM, local customs duties or taxes are liable to be payable and may be charged upon receipt of the package by the Buyer, in addition to the price paid to cakepro. These duties and taxes, of which cakepro cannot determine in advance the exact amount of which it cannot inform the Buyer prior to its order, remain the responsibility of the Buyer, who is solely responsible for the proper performance of any declarations and/or related formalities.
6.2. Payment terms
The total price of the Products is payable to the order.
Payment can be made online by credit card, through the secure online payment service indicated on the Site, via PayPal or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees cakepro that it has the necessary authorizations to use the chosen payment method.
Cakepro reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud in the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter AR.
6.3. Billing
The purchase invoices will be sent to the Buyer by any useful means.
6.4. Reservation of title
Cakepro keeps the entire property of the Products sold until the perfect cashing of the price, including shipping costs.
7. LIVRAISON
7.1. Shipping Territory
Buyers are expressly informed that the Site only offers delivery of Products to the following countries:
- Metropolitan France and Corsica
- Switzerland
- Guadeloupe
- Martinique
- Meeting
- Saint Barthélemy
- French Guiane
- Mauritius
- Belgium
- Germany
- Italy
- Luxembourg
- Monaco
- United Kingdom
7.2. Delivery modes
The delivery of the Products ordered on the Site is made to the address indicated during the Buyer’s order as “delivery address” (which may be different from the billing address), which can only be located in one of the countries referred to in section 7.1.
In the event of failure of delivery due to an incorrect or incomplete address provided by the Buyer, the Buyer is expressly informed and accepts that additional costs may be charged to the Purchaser.
Different modes of delivery can be possible, depending on the product categories and their weight.
The Buyer is informed before the order is validated of the possible delivery modes for the Ordered Product as well as the deadlines and fees for each of these modes.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product according to this mode.
Order withdrawals, when offered, are free and planned according to the availability of cakepro, which will fix the place and schedule. If the Buyer cannot go to the date offered by cakepro for any reason, the delivery costs in force will be charged. The order will only be shipped after receipt of these fees.
7.3. Delivery time
The Site mentions, for each Product proposed for sale, indicative delivery times according to the territories and modes of delivery.
The average delivery time for Metropolitan France is 14 working days maximum.
7.4. Damage
The risks are borne by the Buyer once the order has left cakepro's premises. The Buyer is required to check the conformity of the delivered goods at the time of delivery and before signing the carrier's delivery note
Any protests concerning damage occurring during carriage must be filed by reason of a complaint with the carrier within 3 (three) days of delivery. A copy of this claim will be sent to cakepro.
8. RETRACTATION LAW
Given the perishable and personalized nature of the Products sold, the right of withdrawal of 14 (fourteen) days does not apply to Products sold by cakepro.
However, an untreated order may be modified or cancelled, after the prior and express agreement of cakepro. No refund will be made but an asset of the amount of the order may be credited to the Buyer.
9. OBLIGATIONS OF BUYERS
9.1. Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs prior to purchasing said Products
9.2.Buyers are solely responsible for the content of the messages they choose to register on the Products (hereinafter referred to as:content» )
They guarantee cakepro that they have all the rights and authorizations necessary for the dissemination of these Content.
The Buyer is solely responsible if he asks cakepro to include on the Products ordered a sign protected by copyright or an intellectual property title for which he would not have any right or permission.
In this case, the Buyer undertakes to use it exclusively in the private sphere, and not to distribute photographs or videos of said Product to the public, in particular through social networks, and guarantees cakepro in this respect.
In any event, cakepro cannot be held liable in this respect.
9.3.Buyers are committed to ensuring that the said contents are lawful, do not infringe public order, good morals or third-party rights, do not violate any legislative or regulatory provisions, and more generally, are not at all liable to jeopardize the civil or criminal liability of cakepro.
Buyers are thus prohibited from enrolling on Products, in particular and without the exhaustive list:
- pornographic, obscene, indecent, shocking or inadapted to a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist,
- counterfeit content,
- of the contents of a third party,
- false, misleading or proposing or promoting illicit, fraudulent or misleading activities,
- and more generally Content that may affect the rights of third parties or be harmful to third parties in any way or in any form.
The Buyers undertake to consume the Products themselves and/or distribute them free of charge, especially for the purpose of promoting their brand or society
Any commercial exploitation of the Products by the Buyers, without prior consent of cakepro, is prohibited, including any resale or distribution on an expensive basis
Finally, the liability for cakepro cannot be incurred in the event of reconditioning of the Products by the Buyer, after their purchase.
10. Cookie information
10.1. Cakepro undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, cakepro reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, Cakepro cannot be held responsible for any temporary difficulties or impossibilities in accessing the Site which originate from circumstances external to it, force majeure, or which are due to disruptions in telecommunications networks.
10.2Cakepro does not provide the Buyer with any guarantee of adapting the Products to its needs, expectations or constraints.
10.3. Cakepro may not be held responsible for the failure or delay in the execution of contracts of sale because of circumstances which are external to it or of a case of force majeure, being expressly specified that are considered as cases of force majeure, in addition to those usually held by the jurisprudence of the French courts: exceptional weathers, natural disasters, holidays of end of years, fires and floods.
10.4. In any case, the liability that may be incurred by cakepro under these circumstances is expressly limited to the only proven direct damage incurred by the Buyers.
Article 11 - Exclusion of Legal Compliance Guarantee for Professionals
11.1. Scope of Application:
The provisions of this section apply exclusively to transactions between our business and professional customers.
11.2. Exclusion of the Legal Warranty of Compliance:
By accepting these General Terms of Sale (CGV), the professional customer formally acknowledges and accepts the exclusion of the legal guarantee of compliance. There is no guarantee as to the conformity of products to the legal requirements or standards in force.
11.3. Inspection and Acceptance:
The professional client is responsible for conducting a thorough inspection of the products upon receipt. By accepting the order, the professional customer acknowledges that the products are consistent with their expectations, and no compliance claims will be accepted.
11.4. Exclusion of Liability:
Our company is not responsible to the professional customer for any defects, non-compliance or damage arising from the use of pastry products. In no case will our company be responsible for direct, indirect, special, consecutive or other damages.
11.5. Professional Customer Consent:
Validating an order as a professional customer automatically and unconditionally implies the acceptance of these GTCs, including the exclusion of the legal compliance guarantee and the limitations of liability set out in this article.
12. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructure, databases and contents of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by cakepro within the Site are protected by any intellectual property rights or rights of the existing database producers. All disassembles, decompilations, decryptions, extractions, reuse, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of cakepro are strictly prohibited and may be prosecuted.
13. PERSONAL FEATURES
Cakepro practices a privacy policy whose features are explained in the privacy policy, of which the Buyer is expressly invited to become acquainted.
14. PUBLICITY
Cakepro reserves the ability to insert on any page of the Site and in any communication to Buyers any commercial or promotional messages in a form and under conditions of whichcakepro will be the only judge.
Without mentioning otherwise, the Buyer expressly authorizes cakepro to make use of its name if it is a company, its brand, its logo, as well as the references of its website, as commercial references, on any medium, including on its website and social networks, and in any form.
15. LINKS AND TIERS
In no event will Cakepro be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the Purchaser would access through the Site.
Cakepro does not bear any responsibility for the content, advertisements, products and/or services available on such third-party mobile sites and applications that are recalled to be governed by their own terms of use.
Cakepro is also not responsible for the transactions between the Buyer and any advertiser, professional or merchant (including any partners) to which the Buyer would be oriented through the Site and in no case could be a party to a few possible disputes with those third parties concerning, inter alia, the delivery of goods and/or services, the guarantees, declarations and other obligations to which such third parties are held.
16. PROHIBITION COMMITTEES
16.1. (i) any behaviour that may interrupt, suspend, slow or prevent the proper operation of the Site, (ii) any intrusions or attempts to intrude into the systems of cakepro, (iii) any diversion of the system resources of the Site, (iv) any actions that may impose a disproportionate burden on the infrastructure of the Site, (v) any breach of the security and authentication measures.
16.2. It is also strictly forbidden to monnayer, sell or concede all or part of the access to the Site, as well as the information it contains.
16.3. In the event of a breach of any of the provisions of this section or more generally, of breaches of laws and regulations, cakepro reserves the right to take all appropriate measures and to take any action in court.
17. MODIFICATIONS
Cakepro reserves the right to modify at any time these terms and conditions of sale. In this case, the applicable conditions will be those in effect on the date of the Buyer’s order.
18. LANGUAGE
In the case of a translation of these Terms and Conditions in one or more languages, the language of interpretation will be the French language in the event of a contradiction or challenge on the meaning of a term or provision.
19. MEDIATION
In accordance with the conditions set out in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code, the Buyer has the right to use the service of the mediator whose cakepro depends on the friendly resolution of any dispute relating to the execution of the present that would oppose it to cakepro.
20. LOI APPLICABLE ET JURIDICTION
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or enforcement of these general conditions, the parties agree that the betting courts shall be exclusively competent to try it, except as peremptory procedural rules contrary