General Terms and Conditions
GENERAL CONDITIONS OF SALE FOR CONSUMERS
Effective as of 01/23/2023
CONFITURE PARISIENNE is a simplified joint stock company under French law with a capital of 18,218 euros, registered in the Paris Trade and Companies Register under number 811 931 559, whose registered office is located at 17, avenue Daumesnil in Paris 12ème (75012), France, and whose main activity is the manufacture and sale of jams.
Contact
Address: CONFITURE PARISIENNE SAS, 17 avenue Daumesnil, 75012 Paris, France
Courriel : [email protected]
Tel : +33 (0)1 44 68 28 81
Within the framework of its activity, the company CONFITURE PARISIENNE publishes and operates the Internet site from the address https://confiture-parisienne.com/ (hereafter the " Site "). It also has a physical space of sale located at 17 avenue Daumesnil, 75012 Paris (hereafter the " Shop ").
ARTICLE 1. SCOPE OF APPLICATION
The present general conditions apply to any sales contract concluded between the company CONFITURE PARISIENNE (hereinafter the " Seller ") and any natural person who contracts as a consumer (hereinafter the " Customer "), hereinafter referred to together as the " Parties " or individually as the " Party ".
The present general conditions express the entirety of the obligations of the Parties, they constitute the unique framework of the contractual relationship between the Parties, prevail over any other document and in particular the possible purchase conditions of the Customer.
In order to place an order with the Seller, the Customer must read these general conditions and accept them without reservation.
The Customer declares to have full and complete capacity to contract with the Seller and in particular he declares to be of age and to have the legal capacity to conclude a sale.
ARTICLE 2. AVAILABILITY OF ARTICLES
The articles are marketed within the limits of available stocks.
In the event of an order for an item that proves to be unavailable, the Customer will be informed by e-mail as soon as possible and the Customer will be offered the opportunity to cancel the order. In the absence of a response within fourteen (14) days of the notification, the Customer will be deemed to have cancelled the order.
In case of an order of several items, if one of the items is not available, the Customer will be informed by e-mail as soon as possible. The Customer will then have the option of either confirming the remainder of his order, in which case he will be reimbursed for the price of the unavailable item, or cancelling his order, in which case he will be reimbursed for the total amount paid. In the absence of a response within fourteen (14) days of the notification, the Seller will proceed with the shipping of the order without the unavailable item.
In the event of cancellation, the Seller shall refund the sums paid by the Customer within thirty (30) days of the cancellation.
ARTICLE 3. ONLINE ORDERING PROCEDURES
3.1 Customer account
The creation of a customer account is a prerequisite for placing an order on the Site.
The Customer undertakes to provide the Seller with true and complete data, not to infringe, in any way whatsoever, on the rights of third parties, to update the data requested and to correct any errors affecting them spontaneously. The Vendor reserves the right to request proof at any time.
It is reminded that any consumer has the right to register on the telephone anti-solicitation list (Bloctel system).
The connection parameters (login and password) are unique, personal and strictly confidential. The Customer is solely responsible for the use of his identifiers, he undertakes to make personal use of them and not to communicate them to third parties.
The Customer may at any time request the deletion of his customer account by following the procedure provided for this purpose on the Site or by making a request by e-mail.
3.2. Ordering process
The Customer who wishes to purchase an item on the Site must:
- create a customer account as described above or, if he/she already has a customer account, connect to it,
- select on the Site the desired items and their quantity,
- choose the delivery method,
- to validate the order after having checked it, being specified that the validation of the order by the Customer carries obligation of payment,
- make payment as provided in Article 8 below.
The Customer will receive a payment confirmation email as well as an order confirmation email with a summary of the items ordered, which forms the sales contract between the Parties.
As soon as the order is ready to be shipped or picked up, the Customer will be informed by email.
Le Client a la possibilité de modifier sa commande au plus tard jusqu’à l’expédition des articles, en en faisant la demande par courriel à l’adresse [email protected].
ARTICLE 4. CUSTOMIZATION
The label of some items can be personalized by the Customer who can put the message he/she wishes, respecting the maximum number of characters allowed. This service is offered at no extra cost to the Customer when purchasing the items.
However, the Seller reserves the right to control the message chosen by the Customer and reserves the right to refuse to place messages on its products that would be detrimental to its brand image and reputation, to the rights of third parties or to public order and morality. The Customer will be informed.
The Customer is informed that, if he chooses the option of personalization, he loses his right of withdrawal for the personalized items (see article 10 below).
ARTICLE 5. SUBSCRIPTION
The Seller offers subscription formulas allowing to receive a selection of articles (hereafter the " Series ") according to a monthly periodicity and during a defined duration chosen by the Customer, this in an automatic way.
It is possible to join the subscription formula at any time, on the dedicated page on the Site. The Customer must choose the type of Series he/she wishes to receive, the content of each Series being exposed on the Site, as well as the duration of the subscription, and pay the subscription price. For all deliveries outside metropolitan France, delivery charges may apply in addition to the subscription price.
After validation of the order, the Customer will receive a confirmation email.
The Customer subscribes to the subscription formula for a fixed period of three (3), six (6) or twelve (12) months.
The Customer may suspend his subscription at any time, for a maximum continuous period of three (3) months. However, the suspension has no impact on the Series in progress at the date of the suspension request.
ARTICLE 6. WORKSHOPS AT THE CONFECTIONERY
6.1. General
The Seller organizes from time to time jam making workshops open to the public, in its premises. Two types of workshops are open for booking: public workshops on specific dates and private workshops.
Workshop tickets are personal and non-transferable. They are only available in electronic format.
The Customer is required to respect the date and time announced for the workshop, the Seller reserves the right to refuse entry in case of delay and without any refund or compensation.
6.2. Public workshops
Seller offers for sale tickets to public workshops scheduled for predetermined dates through its reseller. Reservations can only be made on the Reseller's website. In order to purchase a seat online, the Customer must read and accept without reservation the Reseller's general terms and conditions of use.
Tickets are on sale during a specific period, indicated on the retailer's website. Orders are processed on a space available basis. The sale of tickets may be limited, at the discretion of the Seller, in terms of the number of tickets.
The prices of the tickets are displayed on the Site and on the reseller's site in euros including VAT at the rate of VAT in force on the day of the order. In the event of a change in the applicable VAT rate, the modified rate will be applied automatically. The price of the tickets does not include the service charges applied by the retailer.
6.3. Private workshops
The Seller offers for sale on its Site coupons allowing access to private workshops. These coupons are available for order on the Site, according to the terms described in article 3 above.
These coupons are valid for one (1) year from the date of purchase. After this period, the coupon is no longer valid and can no longer be used, without any refund or compensation being due.
After purchasing the coupon, the Customer must contact the Seller by phone or email to schedule the workshop. The Customer will receive an email confirmation, it being specified that neither the date nor the time of the service can be changed. Private workshops are open to a maximum of ten (10) people.
ARTICLE 7. GIFT CARD
7.1. Purchase of a gift card
The Seller offers physical gift cards for sale, available for order on the Site and in the Shop.
The gift card is sent to the delivery address indicated at the time of the order.
The selling price of the gift cards is displayed in euros including VAT at the VAT rate applicable on the day of the order. In the event of a change in the applicable VAT rate, the modified rate will apply automatically.
Once the order for the gift card has been finalized and paid for, the Customer may not request the cancellation of his order, without prejudice to his legal right of withdrawal.
7.2. Use of a gift card
A gift card is valid for one (1) year from the date of issue. After this period, the gift card is no longer valid and can no longer be used, without any refund or compensation being due.
Gift cards are valid on the Site or in the Shop for the purchase of items marketed by the Seller. In the Shop, the Customer must present the gift card. To use the gift card on the Site, the Customer must enter the unique code written on the gift card at the time of the order.
The face value of a gift card is fixed and expressed in euros.
The Seller accepts a limit of one gift card per purchase on the Site. Each gift card can only be used once and the amount cannot be split.
If the amount of the order is greater than the balance of the gift card used, the Customer must complete the payment by one of the payment methods accepted by the Seller.
Gift cards cannot be used as payment for the purchase of gift cards.
In the event that the Customer wishes to return an item purchased with a gift card in accordance with this Agreement, the Customer will be reimbursed in the form of vouchers that can be used on the Site or in the Store.
ARTICLE 8. PRICE AND PAYMENT TERMS
8.1. Price of the articles
The prices of the articles are displayed in the Shop and on the Site in euros including VAT at the rate of VAT applicable on the day of the order. In the event of a change in the applicable VAT rate, the modified rate will apply automatically.
The Seller reserves the right to vary the price of its items over time, particularly during promotional operations. The promotional offers are valid only during their validity period indicated on the Site.
The articles will be invoiced on the basis of the prices in force at the time of the validation of the order.
The price of the items does not include delivery charges, any applicable customs and import taxes or telecommunication charges necessary to access and use the Site.
8.2. Obligation to pay
The validation of the order by the Customer implies the obligation of payment.
The amount of the order must be paid in full when validating the order on the Site and when purchasing in the Shop. Otherwise, the Customer will be deemed to have cancelled the order.
No item will be delivered before full payment of the price by the Customer.
8.3. Means of payment
The Seller only accepts payment by credit card, PayPal and Apple Pay.
Payments are made through the payment service provider, the company STRIPE, which is responsible for the storage and automated processing of bank details in a secure environment, through the STRIPE payment solution.
The Customer remains fully responsible for the banking information he communicates and for the security of his means of payment.
The accepted credit cards are those of the VISA, MasterCard and American Express networks. The Customer certifies that he/she is the holder of the credit card used, that the name on the card is his/her own and that he/she has the necessary authorizations. The Customer's credit card is debited at the end of the order validation process, after verification of the banking data and upon receipt of the debit authorization given by the issuer of the credit card used by the Customer. By providing his credit card information, the Customer authorizes the Seller to debit his credit card for the total amount of the order through his payment service provider.
The Customer may also pay for the entire order in several installments without charge, by selecting the ALMA payment solution. The customer must read and accept ALMA's general terms and conditions of use.
ARTICLE 9. DELIVERY
9.1. Address and delivery method
All items can be delivered worldwide, provided that the territory is covered by the Seller's carrier services. For more information, the Customer may inquire with the Seller prior to placing an order.
The Customer is entirely responsible for the delivery address indicated at the time of the order. Any package returned to the Seller because of an incorrect or incomplete delivery address shall be reshipped at the Customer's sole expense and the Seller shall not be liable for any failure to deliver or delay in delivery as a result thereof.
The delivery in relay point is possible in Metropolitan France only, in the relay points of the network of the carrier of the Seller.
Delivery by courier is only possible in the department of Paris (75).
The Customer may also choose to pick up his order directly in the Shop, the pickup in the Shop being possible only on working days and during the opening hours as indicated on the Site.
9.2 Delivery costs
Delivery charges vary depending on the delivery address, the number of items ordered and the delivery method chosen by the Customer and do not include any applicable customs duties, import taxes and local taxes for which the Customer may be liable.
Delivery costs are the exclusive responsibility of the Customer. They may change over time, depending on the rates applied by the carriers. The delivery charges applicable to the order are those indicated at the time of validation of the said order. In any case, the amount of the delivery charges is indicated to the Customer before validation of the order.
Any customs duties, import taxes and applicable local taxes for which the Customer may be liable shall be borne exclusively by the Customer.
9.3. Delivery times
The delivery times announced on the Site are in working days (excluding Saturdays, Sundays and public holidays). The delivery times are calculated taking into account the shipping and routing of the order. Delivery times depend on the delivery method chosen. In any case, the delivery times are indicated to the Customer before validation of the order.
The Customer is informed by e-mail of the shipment of his order. In case of payment by check, the delivery time starts to run from the receipt of the check by the Seller.
9.4. Complaints about the delivery
If the package is damaged or incomplete upon receipt, the Customer shall notify the Seller as soon as possible. It is specified that the absence of reserve at reception does not deprive the consumer of the right to take advantage of the legal guarantee of conformity.
ARTICLE 10. RIGHT OF WITHDRAWAL
10.1. Modalities of the right of withdrawal
In the case of a contract concluded at a distance or off-premises, the Customer has a period of fourteen (14) calendar days to inform the Seller of his intention to withdraw from the contract without having to justify his decision, in accordance with Articles L. 221-18 et seq.
For contracts concluded at a distance, the time limit begins to run on the day following (i) delivery of the item in the case of an order for an item, (ii) delivery of the first series in the case of a subscription and (iii) order confirmation in the case of an order for a gift card or a private workshop coupon. If the period expires on a Saturday, Sunday, holiday or non-business day, it is extended to the next business day.
10.2. Exercise of the right of withdrawal
The Customer must notify his decision to withdraw from the contract by means of a clear and unambiguous statement by mail or e-mail. The Customer may use the model withdrawal form available in the appendix hereto, but this is not mandatory.
If applicable, the Customer must also return the items without undue delay and no later than fourteen (14) calendar days from the notification of his withdrawal to the address indicated at the top of this document.
In the event of exercising the right of withdrawal, the costs of returning the item are the exclusive responsibility of the Customer, the Seller not accepting packages returned with postage due or cash on delivery. The Customer shall bear all risks related to the return of the item.
Only items returned complete, in their original condition and with all their accessories in their original condition will be accepted. The responsibility of the Customer can be engaged for any use exceeding a handling necessary to establish the nature, the characteristics and the good functioning of the article.
10.3 Refunds
In case of exercise of the right of withdrawal, the Seller shall refund the sums paid by the Customer no later than fourteen (14) calendar days from the notification of the withdrawal. The Seller reserves the right to postpone the refund until the items have been recovered or until the Customer has provided proof of shipment.
The cost of returning the items remains the responsibility of the Customer and is not refunded.
Refunds will be made using the same payment method used by the Customer for the original transaction, unless otherwise agreed. In the event that the Customer wishes to return an item purchased with a gift card, the Seller will refund the Customer in the form of vouchers that can be used on the Site and in the Shop.
In the event of a partial return of an order, the Vendor shall refund the Customer the amount of the delivery charges in proportion to the total amount of the order. In the event of a total return of an order, the Seller shall refund the Customer the total amount of the delivery charges. The Seller shall not refund the additional delivery costs if the Customer has chosen a delivery method that is more expensive than the standard method offered on the Site.
10.4 Exclusions
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the consumer may not exercise his right of withdrawal for contracts :
- supply of goods made to its specifications or clearly personalized;
- services of leisure activities to be provided at a specific date or time.
The right of withdrawal cannot therefore be exercised when the Customer has chosen the option of personalizing the labels. The right of withdrawal cannot be exercised in the case of the purchase of tickets to a public workshop at the confectionery.
If the Customer has expressly requested that the private workshop at the confectionery take place before the end of the withdrawal period, he acknowledges that he will no longer have the right of withdrawal after the workshop has taken place.
In the case of a gift card order, the Customer will not be able to exercise his right of withdrawal if the balance of the gift card has been spent, even partially, before the end of the withdrawal period.
ARTICLE 11. LEGAL GUARANTEES
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The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance. The legal guarantee of conformity implies an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if : (1) The trader refuses to repair or replace the property; 2° The repair or replacement of the good takes place after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if the consumer bears the cost of installing the repaired or replaced good; 4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the good restored. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good. |
To exercise a legal warranty, the Customer must contact the Seller by mail or e-mail. The Customer must specify the defects encountered on the item concerned as well as any useful information and attach any document (in particular photographs) allowing to appreciate the existence of the defects encountered. The Customer must also present proof of purchase of the item from the Seller.
Upon request of the Seller, the Customer shall return the item concerned.
All shipping costs will be paid by the Seller, upon presentation of proof by the Customer and subject to a legal guarantee being applicable. The Customer shall pay the return shipping costs in advance and shall enclose with the shipment the receipts for the advance payment. The Customer shall bear all risks related to the return of the item.
Seller and Customer agree to exchange in good faith.
ARTICLE 12. RESPONSIBILITY
The responsibility of the Seller shall not be retained in the event that the damage results from negligence or a fault attributable to the Customer, from the unforeseeable and insurmountable act of a third party or in the event of force majeure. Force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1218 of the Civil Code and as defined by case law.
The Customer will not be able to prevail himself of an inadequacy of the article to his expectations because of an error or an omission on his part.
The Seller is only bound by an obligation of means in the context of providing access to the Site. The Vendor cannot guarantee the total absence of error or anomaly in the Site that it makes available. The Customer is informed that access to the Site may be temporarily interrupted in the event of maintenance or updating. The Customer will be informed by means of a notification on the home page of the Site. No compensation will be due to the Customer because of a temporary unavailability of access to the Site.
The Customer shall be responsible for the acquisition, installation, maintenance and connection of the various elements of the configuration and means of telecommunication necessary for access to the Site, at his own expense. It is also the Customer's responsibility to subscribe to the telecommunications subscriptions necessary to access the Site.
ARTICLE 13. INTELLECTUAL PROPERTY
All texts, images, logos and graphic interfaces present on the Site and on all documentation provided by the Seller as well as the computer component of the Site are subject to copyright protection. These rights are reserved for the whole world. It is therefore forbidden for any person to copy, modify, distribute, transmit, broadcast, represent, reproduce, publish, license, transfer or exploit in any other way the information present on the Site and on the documentation provided by the Vendor as well as the computer component of the Site, as all these uses are likely to constitute an infringement.
It is forbidden to intervene on the source code of the Site in any way and for any reason whatsoever, including to correct errors or anomalies, the Seller being solely responsible for the corrective and evolutionary maintenance of the Site.
" CONFITURE PARISIENNE " is a French semi-figurative trademark registered with the INPI under the number 4194037 for certain goods in classes 21, 29 and 30 of the Nice Classification. Any unauthorized use of this sign or a similar sign likely to create a risk of confusion is prohibited.
Anyone who does not respect these intellectual property rights is liable to prosecution.
ARTICLE 14. PERSONAL DATA
In the context of the present, the Seller, the data controller, is required to collect and process personal data. This collection and processing is carried out in accordance with the legislation in force concerning the protection of personal data and in particular with Regulation (EU) No. 2016/679 on the protection of individuals with regard to the processing of personal data and Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, in its current version.
The complete personal data protection charter of the Seller is available on the Site.
ARTICLE 15. MODIFICATION OF THE GENERAL CONDITIONS
The Seller reserves the right to modify at any time the present general conditions. The notification of this modification will be made by means of an announcement on the Site.
The latest version of the general terms and conditions published on the Site is applicable to the relationship between the Parties as of its publication. Nevertheless, the order is subject to the general terms and conditions in force at the time the order is placed.
These terms and conditions supersede any other terms and conditions previously accepted by the Customer concerning the same subject matter.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1. Proof
The Customer expressly accepts the transmission by the Seller of invoices in electronic format. The Customer may at any time request to receive invoices in paper format.
The Customer expressly accepts the conclusion of contracts by electronic means. The Parties acknowledge that the electronic or digital signature has the same value as a handwritten signature and waive any recourse in this regard.
In accordance with articles L. 213-1, D. 213-1 and D. 213-2 of the Consumer Code, the Seller shall ensure the conservation of any contract concluded electronically with a consumer and involving a sum equal to or greater than €120.00 (ONE HUNDRED AND TWENTY EUROS) for ten (10) years. The consumer may at any time request the communication of the contract.
16.2. Non-waiver
The fact that one of the Parties does not avail itself of a default or breach of any of its contractual or legal obligations by the other Party shall not be construed as a waiver of such default or breach.
16.3. Nullity of a clause
If any of the provisions of these terms and conditions, except for the essential clause of the contract, should be invalidated, such invalidity shall not entail the invalidity of the other provisions of the terms and conditions which shall remain in force.
ARTICLE 17. RESOLUTION OF DISPUTES
For any complaint, the Customer can contact the Seller by mail or email.
In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the consumer, subject to Article L. 612-2, has the right to submit a request for amicable resolution by mediation, within one (1) year of his written complaint to the professional.
Seller has designated the following consumer mediation entity:
Center for Consumer Mediation of Justice Conciliators - CM2C
Postal address: CM2C, 14 rue Saint Jean, 75017 Paris
Tel : +33 (0)1 89 47 00 14
Courriel : [email protected]
Website : https://www.cm2c.net/
The consumer is also informed that he can choose to use the European Commission's online platform for online dispute resolution (ODR), accessible from the following link http://ec.europa.eu/consumers/odr/.
The consumer is reminded that, in order to be able to seize a mediator of consumption, he must justify having previously sent a complaint to the Seller.
ARTICLE 18. APPLICABLE LAW
The present general conditions and any contract governed by them are subject to French law, without prejudice to the application of the mandatory provisions of the law of the country where the consumer has his habitual residence.
APPENDIX - SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
À l’attention de : CONFITURE PARISIENNE SAS, 17 avenue Daumesnil, 75012 Paris / [email protected]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
- Ordered on (*) / received on (*) :
- Name of consumer(s):
- Consumer(s) Address:
Signature of consumer(s) (only if notifying this form on paper) :
Date:
(*) Delete as appropriate.
Marketplace :
Confiture Parisienne est partenaire vendeur de la marketplace Cocote et est enregistré auprès de Lemon Way, Établissement de paiement agréé par l'APCR en France le 24/12/2012 sous le numéro 16568