General Conditions of Sale
1. OBJET
These general terms and conditions of sale apply without restrictions or reservations to all online sales proposed by 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 of the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
2. IDENTITY AND CONTACT
The site is operated by Cakepro, registered at the RCS in Paris under n° 978 318 723,Which is located 9 rue des colonnes 75002 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.
- A 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. CHARACTERISTICS OF PRODUCTS
4.1. Before any order is made online and, in particular, pursuant to the provisions of Article L111-1 of the Consumer Code, the Buyer may, on the Site, be aware of 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 product unavailability after placing the order, Cakepro will notify 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 hire Cakepro for what is indicated precisely. The Buyer is, however, informed and accepts 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 manufacture.
These variations do not affect the quality of the Products offered for sale and confirm their unique character.
4.4. Cakepro is committed to retranscribing the messages requested by the Buyer such as on pastries, cakes, macarons and biscuits and to making no corrections, even orthographic. It is up to the Buyer to check the requested text at the time of ordering.
5. COMMANDE
5.1. Order passing
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 deemed to have been received by Cakepro when it can access 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 it 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 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.
In the absence of receipt of this, the Buyer must contact Cakepro at the contact details mentioned in article 2.
Cakepro 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. PAYMENT PRICES AND MODALITIES
6.1. Price
The 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.
Prices do not include any shipping costs applicable to the delivery of the Products, invoiced in addition to the price of the Products. The applicable delivery fee will be indicated before the order is validated by the Purchaser.
In the event of a failure to deliver 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: Apart from the European Union as well as in the DOM-TOM, local customs duties or taxes are liable to be payable and can be invoiced upon receipt of the package by the Buyer, in addition to the price paid in Cakepro. These fees 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 good performance of any declarations and/or related formalities.
6.2. Method of payment
The total price of the Products is payable to the order.
The 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 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 in the amount equal to 1.5 times (once and a half) the French legal interest rate will be applicable in full right to amounts outstanding from the first submission of a stay by registered letter AR.
6.3. Billing
The purchase invoices will be sent to the Buyer by any useful means.
6.4. Reserve of property
Cakepro keeps the entire property of the Products sold to the perfect price collection, including shipping costs.
7. LIVRAISON
7.1. Shipping Territory
Buyers are expressly informed that the Site offers the delivery of Products only to the following countries:
- Metropolitan France and Corsica
- Switzerland
- Guadeloupe
- Martinique
- Meeting
- Saint Barthélemy
- French Guiana
- 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 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 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 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 Cakepro, which will fix the place and schedule. If the Buyer cannot attend the Cakepro appointment 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 Metropolitan France is 14 working days maximum.
7.4. Damage
The risks are borne by the Buyer as soon as the order has left the premises of Cakepro. 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 regarding 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 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 it has obtained 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
9.1. 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 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 to 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 disseminate photographs or videos of the said product to the public, including through social networks, and guarantees Cakepro in this capacity.
In any event, Cakepro cannot see its responsibility.
9.3.Buyers are committed to ensuring that the said Content is lawful, does not infringe public order, morals or third-party rights, does not infringe any legislative or regulatory provision, and more generally, are not liable to put in place the civil or criminal liability of Cakepro.
The Buyers forbid to register on the Products, in particular and without the complete 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.
The Buyers undertake to consume the 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 from Cakepro, is prohibited, including any resale or distribution on an expensive basis.
Finally, the responsibility of Cakepro cannot be incurred in the event of reconditioning of the Products by the Buyer, after their purchase.
10. Cakepro RESPONSABILITY
10.1. Cakepro undertakes to conduct 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. Similarly, Cakepro 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.Cakepro does not provide the Buyer with any warranty regarding the adaptation of Products to its needs, expectations or constraints.
10.3. Cakepro may not be held liable for the failure or delay in the execution of the contracts of sale due to 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 Cakepro under these circumstances is expressly limited to the only proven direct damage suffered by Buyers.
11. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructure, databases and contents of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by Cakepro 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 Cakepro are strictly prohibited and may be prosecuted.
12. 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.
13. PUBLICITY
Cakepro reserves the ability to insert on any page of the Site and in any communication to Buyers all commercial or promotional messages in a form and under conditions of which Cakepro will be the sole 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, in any form, including on its website and social networks.
14. 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 websites and mobile applications, which it is recalled that they are governed by their own conditions 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 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. PROHIBITION COMMITTEES
15.1. Are strictly prohibited: (i) any behaviour that interrupts, suspends, slows down or prevents the proper functioning of the Site, (ii) any intrusions or attempts to intrude into the systems of Cakepro, (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.
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, Cakepro reserves the right to take all appropriate measures and to undertake any legal action.
16. MODIFICATION
Cakepro reserves the ability 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.
17. 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.
18. 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 make use of Cakepro free of charge for the friendly resolution of any dispute over the execution of the present at Cakepro.
19. 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 Chartres courts will be exclusively competent to try them, unless the rules of procedure are binding on the contrary.