General conditions of sale
These general terms and conditions of sale apply without restriction or reservations to all online sales proposed by the company coff eat on the website www.https://patisseriecreative.fr/en/ (hereinafter: “the site»).
The site is an e-commerce platform, which allows Internet users (hereinafter: "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 of the sale and delivery of the goods, 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 coff eat, sas, registered in the rcs of charters under n° 81 17 30 23 3 domiciled at 47 boulevard deStrings 75008 bets,Whose head office is located 3 rue de beauce. 28210 drown the king (hereinafter: "Coff eat), which offers products for sale.
3. LEGAL CAPACITY
The site is accessible:
- A any natural person with full legal capacity to engage under these Terms and Conditions. the physical person who does not have full legal capacity can only access the site with the consent of his legal representative.
- A any legal person acting through a natural person who has the legal capacity to contract on behalf of and on behalf of the legal person.
4. PRODUCT CHARACTERISTICS
4.1. Prior to any online order and in particular pursuant to the provisions of Article L111-1 of the Consumer Code, the Buyer may take note of the characteristics of each product he wishes to order on the site.
4.2. Products are offered on-line 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, coff eat will inform the Purchaser by email: its order will be automatically cancelled and no flow rates will be made.
4.3. The photographs and descriptions of the products offered for online sale are as specific as possible. they only engage coff eat 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, given the very nature of the processes used, specific to artisanal manufacturing.
These variations do not affect the quality of the products offered for sale and confirm their unique character.
4.4. Coff eat is committed to retranscribing the messages requested by the Buyer such as on pastries, cakes, macarons and biscuits and to make no corrections, even orthographic. it is for the Buyer to check the requested text at the time of ordering.
5.1. command pass
To place an order, the Buyer must select the product of his choice and place it in his 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 known to be received by coff eat 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. commands that do not include all required information cannot be validated.
The Buyer ensures that all the information it gives in the order form is accurate, up-to-date and sincere, and is not covered by any misleading character.
It is informed and accepts that this information is proof of its identity and agree upon its validation.
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 deadline for delivery,
- 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.
The Purchaser must contact coff eat at the contact details mentioned in article 2.
Coff eat recommends that the Buyer retain 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 METHODS
The sales prices of the products are displayed on the Site.
They are indicated in euros, all taxes included (French tax and other applicable taxes).
Coff eat reserves the right, at its discretion and in terms of which it will be judged, to offer promotional offers or price reductions.
Prices do not include any shipping costs applicable to the delivery of the products, charged in addition to the price of the goods. the applicable delivery fee will be indicated before the order is validated 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 parcel by the Buyer, in addition to the price paid to coff eat. these fees and taxes, of which coff eat cannot determine in advance the exact amount and which it cannot inform the Buyer prior to its order, remain the responsibility of the Buyer, who is solely responsible for the good performance of any declarations and/or related formalities.
6.2. payment method
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 any other means that will be offered on the site at the time of the order.
The Buyer guarantees to coff eat that it has the necessary authorizations to use the chosen payment method.
Coff eat reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Buyer, in the event of a payment incident, or in the case of fraud or attempted fraud related to the use of the site.
Penalties equal to 1.5 times (once and a half) the French legal interest rate will be applicable in full right to amounts outstanding as of the first submission of a stay by registered letter ar.
The purchase invoices will be sent to the Buyer by any useful means.
6.4. property reserve
Coff eat keeps the entire property of the products sold up to the perfect receipt of the price, including shipping costs.
7.1. territory of deliveries
Buyers are expressly informed that the site offers the delivery of products only to the following countries:
- Metropolitan franc and Corsican
- Holy barthelemy
- French Guiana
- United kingdom
7.2. modes of delivery
The delivery of the products ordered on the site is made to the address indicated in 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 delivery modes can be possible, depending on product categories and their weight.
The Buyer is informed before the validation of its order of possible delivery modes for the ordered product as well as the deadlines and costs corresponding to each of these modes.
The Buyer must select the desired mode of delivery and provide all the information necessary for the effective delivery of the product according to this mode.
Order withdrawals, when available, are free and planned according to the availability of coff eat, which will fix the place and schedule. if the Buyer cannot go to the appointment offered by coff eat for any reason, the current delivery costs 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 the metropolitan franc is 14 working days maximum.
The risks are borne by the Buyer as soon as the order has left the premises of coff eat. The Buyer is required to verify the conformity of the goods delivered at the time of delivery and before signing the delivery order of the carrier.
Any protests concerning damage occurring during carriage must be filed by reasoned complaint with the carrier within 3 (three) days of delivery. a copy of this claim will be sent to coff eat.
8. RIGHT OF WITHDRAWAL
Given the perishable and personalized nature of the products sold, the right of withdrawal of 14 (fourteen) days does not apply to the products sold by coff eat.
However, an untreated order may be modified or cancelled, after it has obtained the prior and express agreement of coff eat. no refund will be made but an asset of the amount of the order may be credited to the Buyer.
9. OBLIGATIONS OF BUYERS
91 Buyers are solely responsible for the use they make of products. it is their responsibility to verify the adequacy of the products to their specific needs prior to the purchase of the said Products.
92Buyers are solely responsible for the content of the messages they choose to register on the products (hereinafter referred to as: "content» ).
They guarantee to coff eat that they have all the rights and authorizations necessary for the dissemination of these contents.
The purchaser is solely responsible if he asks coff eat 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 authorization.
In this case, the buyer undertakes to use it exclusively in the private sphere, and not to disseminate photographs or videos of the said product to the public, including through social networks, and guarantees coff eat in this capacity.
In any event, coff eat cannot see its responsibility.
93Buyers undertake to ensure that the said contents are lawful, do not infringe public order, good morals or rights of third parties, do not infringe any legislative or regulatory provisions and more generally, are not liable to put in place civil or criminal liability of coff eat.
Buyers thus refrain from registering 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,
- 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.
Buyers undertake to consume products themselves and/or distribute them free of charge, in particular for the purpose of promoting their brand or society.
Any commercial exploitation of products by buyers, without prior agreement of coff eat, is prohibited, including any resale or distribution on an expensive basis.
Finally, the liability of coff eat cannot be incurred in the event of reconditioning of products by the Buyer, after their purchase.
10. responsibility for coff eat
10.1. Coff eat undertakes to conduct regular checks to verify the operation and accessibility of the site. a this title, coff eat reserves the ability to temporarily interrupt access to the site for maintenance reasons. Similarly, coff eat cannot be held responsible for the limited difficulties or impossibilities of access to the site that originate from the circumstances that are external to it, the force majeure, or that would be caused by disruption of the telecommunications networks.
10.2.Coff eat does not provide the Buyer with any guarantee regarding the adaptation of products to its needs, expectations or constraints.
10.3. Coff eat may not be held liable for the failure or delay in the execution of the 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 which are usually retained by the jurisprudence of the French courts: exceptional weather, natural disasters, holidays of end of years, fires and floods.
10.4. In any event, the liability that may be incurred by coff eat under these circumstances is expressly limited to the only proven direct damage incurred by buyers.
11. INTELLECTUAL PROPERTY
Systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) operated by coff eat within the site are protected by all intellectual property rights or rights of the producers of databases in force. all disassembles, decompilations, decryptions, extractions, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of coff eat are strictly prohibited and may be prosecuted.
12. PERSONAL DATA
Coff eat reserves the ability to insert on any page of the site and in any communication to buyers all advertising or promotional messages in a form and in conditions of which coff eat will be judged only.
Without any mention to the contrary, the Buyer expressly authorizes coff eat 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 whatsoever.
14. LINKS AND THIRD-PARTY SITES
Coff eat may not be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the Buyer would access through the site.
Coff eat does not bear any responsibility for the content, advertisements, products and/or services available on such third-party websites and mobile applications, which it is recalled that they are governed by their own conditions of use.
Coff eat 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 these third parties, including the delivery of goods and/or services, the guarantees, declarations and other obligations to which these third parties are held.
15. PROHIBITED VESSELS
15.1. Are strictly prohibited: (i) any behaviour that may interrupt, suspend, slow or prevent the proper functioning of the site, (ii) any intrusions or attempts to intrude into the systems of coff eat, (iii) any diversion of the resources system of the site, (iv) any actions that may impose a disproportionate burden on the infrastructures of the site, (v) any infringement of the security and authentication measures.
15.2. 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.
15.3. In the event of a breach of any of the provisions of this article or more generally, of violations of the laws and regulations, coff eat reserves the right to take all appropriate measures and to initiate any legal action.
Coff eat reserves the ability to modify at any time these terms and conditions of sale. in this case, the applicable conditions shall be those in effect on the date of the order of the Buyer.
In the case of a translation of these Terms and Conditions in one or more languages, the language of interpretation shall be the French language in the event of a contradiction or contestation on the meaning of a term or provision.
In accordance with the conditions provided for in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code, the Buyer has the right to use the free services of the mediator whose function depends on coff eat for the friendly resolution of any dispute over the execution of the present which would oppose it to coff eat.
19. APPLICABLE LAW AND JURISDICTION
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 charter courts shall be exclusively competent to try them, except as per the mandatory procedural rules contrary.