Legal notices and general terms and conditions

GENERAL CONDITIONS OF SALE FOR CONSUMERS

Effective from 01/23/2023

CONFITURE PARISIENNE is a simplified joint-stock company under French law with a capital of 18,218 euros, registered with the Paris Trade and Companies Register under number 811 931 559, whose registered office is located at 17, avenue Daumesnil in Paris ^12th (75012), France, and whose main activity is the manufacture and sale of jams.

Contact

Address: CONFITURE PARISIENNE SAS, 17 avenue Daumesnil, 75012 Paris, France

Email: sav@confiture-parisienne.com

Tel: +33 (0)1 44 68 28 81

As part of its business, CONFITURE PARISIENNE publishes and operates the website from the address https://confiture-parisienne.com/ (hereinafter the “ Site ”). It also has a physical sales area located at 17 avenue Daumesnil, 75012 Paris (hereinafter the “ Boutique ”).

ARTICLE 1. SCOPE OF APPLICATION

These 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 ”.

These general conditions express the entirety of the obligations of the Parties, they constitute the sole framework of the contractual relationship between the Parties, prevail over any other document and in particular any possible conditions of purchase of the Customer.

To place an order with the Seller, the Customer must read these general conditions and accept them without reservation.

The Customer declares that he has full and complete capacity to contract with the Seller and in particular he declares that he is of legal age and has the legal capacity to conclude a sale.

ARTICLE 2. AVAILABILITY OF ARTICLES

Items are sold while stocks last. 

If an item is ordered and is found to be unavailable, the Customer will be informed by email as soon as possible and the Customer will be offered the option of cancelling their order. In the absence of a response after a period of fourteen (14) days from the notification, the Customer will be deemed to have canceled their order.

When ordering multiple items, if one of the items is unavailable, the Customer will be informed by email as soon as possible. The Customer will then have the option to either confirm the remainder of their order, in which case they will be reimbursed for the price of the unavailable item, or to cancel their order, in which case they will be reimbursed for the full amount paid. In the absence of a response after a period of fourteen (14) days from the notification, the Seller will proceed with shipping the order without the unavailable item.

In the event of cancellation, the Seller will reimburse the sums paid by the Customer within thirty (30) days of cancellation.

ARTICLE 3. ONLINE ORDERING TERMS AND CONDITIONS

3.1. Customer account

Creating a customer account is a mandatory prerequisite for placing an order on the Site.

The Customer undertakes to provide the Seller with truthful and complete data, not to infringe, in any way whatsoever, the rights of third-party natural or legal persons, to update the requested data and to spontaneously correct any errors affecting them. The Seller reserves the right to request supporting documents at any time.

It is recalled that all consumers have the right to register on the telephone canvassing opposition list (Bloctel system).

The login details (username and password) are unique, personal, and strictly confidential. The Customer is solely responsible for the use of their login details; they agree to use them for personal purposes and not to share them with 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 email.

3.2. Order process

The Customer who wishes to purchase an item on the Site must:

1. create a customer account in accordance with the terms provided above or, if he already has a customer account, log in to it,
2. select the desired items and their quantity on the Site,
3. choose the delivery method,
4. validate the order after having checked it, it being specified that the validation of the order by the Customer entails an obligation to pay,
5. make payment under the conditions provided for 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 collected, the Customer will be informed by email.

The Customer has the possibility to modify his order at the latest until the dispatch of the items, by making a request by email to the address sav@confiture-parisienne.com . 

ARTICLE 4. PERSONALIZATION

The label of some items can be personalized by the Customer, who can add the message of their choice, within the maximum number of characters allowed. This service is offered at no additional cost to the Customer when purchasing the items.

The Seller, however, reserves the right to review the message chosen by the Customer and reserves the right to refuse to affix to its products messages that would harm its brand image and reputation, third-party rights or public order and morality. The Customer will be informed of this.

The Customer is informed that, if he chooses the personalization option, he loses his right of withdrawal for personalized items (see article 10 below).

ARTICLE 5. SUBSCRIPTION

The Seller offers subscription packages allowing you to receive a selection of articles (hereinafter the “ Series ”) automatically on a monthly basis and for a defined period chosen by the Customer.

It is possible to subscribe to the subscription plan at any time, on the dedicated page on the Site. The Customer must choose the type of Series they wish to receive, the content of each Series being set out on the Site, as well as the duration of the subscription, and pay the subscription price. For any delivery outside mainland France, delivery charges may apply in addition to the subscription price.

After validation of the order, the Customer will receive a membership confirmation email.

The Client subscribes to the subscription plan for a fixed period of three (3), six (6) or twelve (12) months.

The Customer may suspend his/her subscription at any time, for a maximum continuous period of three (3) months. However, the suspension has no impact on the Series currently being prepared on the date of the suspension request.

ARTICLE 6. WORKSHOPS AT THE JAM FACTORY

6.1. General information

The Seller occasionally organizes jam-making workshops open to the public on its premises. Two types of workshops are available for booking: public workshops on specific dates and private workshops.

Workshop places are personal and non-transferable. They are only available electronically.

The Customer is required to respect the date and times announced for the workshop, the Seller reserving the right to refuse entry in the event of delay and without any reimbursement or compensation being due.

6.2. Public workshops

The Seller offers for sale tickets to public workshops scheduled for predetermined dates through its reseller. Reservations are made exclusively on the reseller's website. To purchase a ticket online, the Customer must read and unconditionally accept the reseller's general terms and conditions of use.

Tickets are available for sale for a specific period, as indicated on the reseller's website. Orders are processed subject to availability. Ticket sales may be limited, at the Seller's discretion, in terms of the number of tickets. 

Ticket prices are displayed on the Site and on the reseller's website in euros including VAT at the VAT rate in effect on the day of the order. In the event of a change in the applicable VAT rate, the amended rate will automatically apply. Ticket prices do not include the service charges applied by the reseller.

6.3. Private workshops

The Seller offers for sale on its Site coupons allowing access to private workshops. These coupons are available to 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 a confirmation email, with the understanding that neither the date nor the time of the service can be changed. Private workshops are open for 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 to order on the Site and in the Store. 

The gift card is sent to the delivery address indicated when ordering.

The sale price of gift cards is displayed in euros including tax at the VAT rate in effect on the day of the order. In the event of a change in the applicable VAT rate, the modified rate will automatically apply.

Once the gift card order has been finalized and paid for, the Customer cannot request cancellation of their order, without prejudice to their legal right of withdrawal.

7.2. Use of a gift card

A gift card is valid for one (1) year from its 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 Store for the purchase of items sold by the Seller. In the Store, the Customer must present the gift card. To use the gift card on the Site, the Customer must enter the unique code on the gift card when ordering.

The face value of a gift card is fixed and expressed in euros.

The Seller agrees to a limit of one gift card per purchase on the Site. Each gift card can only be used once, and the amount cannot be divided.

If the amount of the order is greater than the balance of the gift card used, the Customer must complete the payment using one of the payment methods accepted by the Seller.

Gift cards cannot be used as a means of 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 these terms, it will be reimbursed in the form of vouchers usable on the Site or in Store.

ARTICLE 8. PRICE AND PAYMENT TERMS

8.1. Price of items

The price of the items is displayed in the Store and on the Site in euros including tax at the VAT rate in effect on the day of the order. In the event of a change in the applicable VAT rate, the modified rate will automatically apply.

The Seller reserves the right to vary the price of its items over time, particularly during promotional operations. Promotional offers are only valid for the period of validity indicated on the Site.

Items will be billed based on the prices in effect at the time the order is validated.

The price of the items does not include delivery costs, any applicable customs fees and import taxes or telecommunications costs necessary for access to and use of the Site.

8.2. Payment obligation

Validation of the order by the Customer entails an obligation to pay.

The order amount must be paid in full when confirming the order on the Site and when purchasing in the Store. Otherwise, the Customer will be deemed to have cancelled their order. 

No item will be delivered before full payment of the price by the Customer.

8.3. Payment methods

The Seller only accepts payment by credit card, PayPal and Apple Pay.

Payments are made through the payment service provider, STRIPE, which is responsible for storing and automatically processing bank details in a secure environment, via the STRIPE payment solution.

The Customer remains fully responsible for the banking information he/she provides and for the security of his/her means of payment.

Accepted bank cards are those of the VISA, MasterCard and American Express networks. The Customer certifies that he is the holder of the bank card used, that the name appearing on it is his and that he has the necessary authorizations. The Customer's bank card is debited at the end of the order validation process, after verification of the bank details and upon receipt of the debit authorization given by the issuer of the bank card used by the Customer. By communicating the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the total amount of the order via his payment service provider.

The Customer can also pay for their entire order in installments at no extra cost by selecting the ALMA payment solution. The Customer must read and accept the ALMA company's general terms and conditions of use.

ARTICLE 9. DELIVERY

9.1. Address and method of delivery

All items are available for delivery worldwide, provided that the territory is covered by the Seller's carrier services. For more information, the Customer may contact the Seller prior to placing an order. 

The Customer is fully responsible for the delivery address provided at the time of ordering. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Customer's sole expense and the Seller shall not be held liable for any non-delivery or delay in delivery as a result.

Delivery to a relay point is possible in mainland France only, at relay points in the Seller's carrier network.

Delivery by courier is only possible in the department of Paris (75). 

The Customer may also choose to collect their order directly from the Store. Collection from the Store is only possible during working days and during the opening hours indicated on the Site. 

9.2. Delivery costs

Delivery costs vary depending on the delivery address, the number of items ordered and the delivery method chosen by the Customer and do not include any customs duties, import taxes and local taxes that may be applicable for which the Customer may be liable.

Delivery costs are the sole responsibility of the Customer. They are subject to change over time, depending on the pricing applied by the carriers. The delivery costs applicable to the order are those indicated at the time of validation of said order. In any event, the amount of the delivery costs is indicated to the Customer before validation of the order.

Any customs fees, import taxes and local taxes applicable to the Customer for which the Customer is liable remain the sole responsibility of the latter.

9.3. Delivery times

The delivery times announced on the Site are in working days (excluding Saturdays, Sundays and public holidays). Delivery times are calculated taking into account the shipping and delivery times of the order. Delivery times depend on the delivery method chosen. In any event, delivery times are indicated to the Customer before validation of the order.

The Customer is informed by email of the dispatch of their order. In the case of payment by bank check, delivery times begin to run from the receipt of the check by the Seller.

9.4. Complaints regarding delivery

If the package is damaged or incomplete upon receipt, the Customer must notify the Seller as soon as possible. It is specified that the absence of reservations upon receipt does not deprive the consumer of the right to avail himself of the legal guarantee of conformity.

ARTICLE 10. RIGHT OF WITHDRAWAL

10.1. Terms of the right of withdrawal

In the case of a contract concluded remotely 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. of the Consumer Code.

For contracts concluded remotely, the period begins to run from the day after (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) confirmation of the order in the case of an order for a gift card or a coupon for a private workshop. If the period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

10.2. Exercise of the right of withdrawal

The Customer must notify their decision to withdraw from the contract by means of a clear and unambiguous statement by post or email. The Customer may use the model withdrawal form available in the appendix hereto, but this is not mandatory.

Where applicable, the Customer must also return the items without undue delay and at the latest within fourteen (14) calendar days from notification of withdrawal to the address indicated in the header of this document.

In the event of exercising the right of withdrawal, the cost of returning the item is the sole responsibility of the Customer, as the Seller does not accept packages returned postage due or cash on delivery. The Customer bears all risks associated with returning the item. 

Only items returned complete, in their original condition and with all their accessories in their original condition will be accepted. The Customer may be held liable for any use exceeding the handling necessary to establish the nature, characteristics and proper functioning of the item.

10.3. Reimbursement

In the event of exercising the right of withdrawal, the Seller will reimburse the sums paid by the Customer no later than fourteen (14) calendar days from notification of withdrawal. The Seller reserves the right to defer reimbursement until the items have been recovered or until the Customer has provided proof of their shipment.

The cost of returning items remains the responsibility of the Customer and is therefore not reimbursed.

Reimbursement will be made using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. In the event that the Customer wishes to return an item purchased with a gift card, the Seller will reimburse the Customer in the form of vouchers that can be used on the Site and in the Store.

In the event of a partial return of an order, the Seller will reimburse the Customer for the delivery costs in proportion to the total amount of the order. In the event of a total return of an order, the Seller will reimburse the Customer for the full amount of the delivery costs. The Seller will not reimburse additional delivery costs if the Customer has chosen a more expensive delivery method 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 cannot exercise his right of withdrawal for contracts:

• supply of goods made to its specifications or clearly personalized;
• of leisure activity services which must be provided on a specific date or period.

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 purchasing tickets to a public workshop at the jam factory.

In the event that the Customer has expressly requested that the private workshop at the jam factory 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 an order for a gift card, 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

To exercise a legal guarantee, the Customer must contact the Seller by mail or email. 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 the existence of the defects encountered to be assessed. The Customer must also present proof of purchase of the item from the Seller.

At the request of the Seller, the Customer must return the item concerned.

All shipping costs will be covered by the Seller, upon presentation of supporting documents by the Customer and subject to the application of a legal guarantee. The Customer shall pay the return shipping costs in advance and shall include supporting documents for the advance payment of costs with the shipment. The Customer shall bear all risks associated with the return of the item.

The Seller and the Customer undertake to exchange in good faith.

ARTICLE 12. LIABILITY

The Seller shall not be held liable in the event that the damage results from negligence or 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 may not claim that the item does not meet his expectations due to an error or omission on his part.

The Seller is only bound by an obligation of means in providing access to the Site. The Seller cannot guarantee the total absence of errors or anomalies 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 updates. The Customer will be informed of this by means of a notification on the Site's homepage. No compensation will be due to the Customer due to temporary unavailability of access to the Site.

The Customer shall be responsible for the acquisition, installation, maintenance and connection of the various configuration elements and telecommunications means necessary for accessing the Site, at its own expense. It is also its responsibility to subscribe to the telecommunications subscriptions necessary for accessing 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 IT component of the Site are protected by copyright. These rights are reserved worldwide. It is therefore prohibited 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 Seller's documentation as well as the IT component of the Site, all of which uses are likely to constitute an infringement.

It is prohibited to intervene on the source code of the Site in any way and for any reason, 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 number 4194037 for certain products 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

As part of this Agreement, the Seller, as data controller, is required to collect and process personal data. This collection and processing is carried out in accordance with current legislation on the protection of personal data, in particular Regulation (EU) No. 2016/679 on the protection of individuals with regard to the processing of personal data and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, in its current version.

The Seller's complete personal data protection charter can be viewed on the Site.

ARTICLE 15. MODIFICATION OF THE GENERAL CONDITIONS

The Seller reserves the right to modify these general conditions at any time. Notification of this modification will be made by means of an announcement on the Site.

The latest version of the general conditions published on the Site is applicable to the relations between the Parties from the date of its publication. However, the order is subject to the general conditions in force at the time the order is placed.

These general conditions cancel and replace all other general conditions previously accepted by the Client concerning the same subject.

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 Client expressly accepts the conclusion of contracts electronically. The Parties recognize that electronic or digital signatures have the same value as handwritten signatures 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 ensures the conservation of any contract concluded electronically with a consumer and relating to a sum equal to or greater than €120.00 (ONE HUNDRED AND TWENTY EUROS) for ten (10) years. The consumer may request disclosure of this document at any time.

16.2. Non-waiver

The fact that one of the Parties does not avail itself of a failure or breach by the other Party of any of its contractual or legal obligations shall not be interpreted as a waiver of the right to avail itself of this failure or breach.

16.3. Nullity of a clause

If any of the provisions of these general conditions, except for an essential clause of the contract, were to be cancelled, this nullity would not entail the nullity of the other provisions of the general conditions which will remain in force.

ARTICLE 17. DISPUTE RESOLUTION

For any complaints, the Customer can contact the Seller by mail or email.

In accordance with Articles L. 612-1 et seq. of the Consumer Code, the consumer, subject to Article L. 612-2, has the option of submitting a request for amicable resolution by mediation, within one (1) year of his written complaint to the professional.

The Seller has appointed the following consumer mediation entity:

Consumer Mediation Center of Justice Conciliators – CM2C

Postal address: CM2C, 14 rue Saint Jean, 75017 Paris

Tel: +33 (0)1 89 47 00 14

Email: cm2c@cm2c.net

Website: https://www.cm2c.net/

The consumer is also informed that he or she 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 contact a consumer mediator, he must provide proof of having previously sent a complaint to the Seller.

ARTICLE 18. APPLICABLE LAW

These 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.

ANNEX – MODEL OF STANDARD WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of: CONFITURE PARISIENNE SAS, 17 avenue Daumesnil, 75012 Paris / sav@confiture-parisienne.com

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below:

- Ordered on (*) / received on (*):

- Name of the consumer(s):

- Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

Marketplace: