GENERAL TERMS AND CONDITIONS OF SALE

1. SCOPE OF THE TERMS AND CONDITIONS

These General Terms and Conditions of Sale (hereinafter “T&Cs”) apply to any remote purchase made on the website www.calisson.com (hereinafter the “Site”).
The Site is operated by CONFISERIE DU ROY RENÉ, a simplified joint-stock company (SASU), registered with the Aix-en-Provence Trade and Companies Register under number 621 620 921, with its registered office at 5380 Route d’Avignon, 13090 AIX-EN-PROVENCE, France, with a share capital of €10,721,565.00, VAT number FR 42 621 620 921, phone number 04 42 39 29 89, and email address serviceclient@calisson.com (hereinafter the “Seller”).

The Seller offers for sale on its Site food products (hereinafter the “Product(s)”) to any individual wishing to make a purchase for personal use (hereinafter the “Client(s)”).
The Seller and the Client are individually or collectively referred to as a “Party” or the “Parties.”
The Client declares having full legal capacity and acting as a consumer as defined by the French Consumer Code: “any natural person acting for purposes which are outside his trade, business, craft or profession.”

These T&Cs apply exclusively and override any other terms, in particular those applicable to in-store sales or other distribution or marketing channels.
The T&Cs may be updated; the version applicable to the Client’s purchase is the version in effect on the Site at the time the order is placed. This version prevails over any other.

2. HOSTING AND MAINTENANCE

Hosting is provided by 772424, located at Chemin Petit Cabri - Le Tholonet - 13100 Aix-en-Provence.
Website maintenance is provided by agence123, with its registered office at 27 rue Froidevaux, 75014 PARIS, France, capital €6,500, registered under RCS Paris B 430 112 664, website www.lagence123.com, phone 01.84.16.16.15.

3. DEVELOPMENT

The website https://www.calisson.com/ was developed by L’AGENCE123, a digital agency with capital of €6,500, registered under RCS Paris B 430 112 664, VAT number FR63430112664, registered office at 27 rue Froidevaux, 75014 PARIS, phone 01.84.16.16.15.
This website was built using the open-source PrestaShop™ solution.

4. PURPOSE

"The Terms and Conditions of Sale (T&Cs) aim to define the rights and obligations of the Parties in the context of the online sale of Products offered by the Seller on the Website. They specifically outline the conditions for ordering, payment, and delivery of the Products ordered by the Customer on the Website."

5. ACCEPTANCE OF TERMS AND CONDITIONS

The Client acknowledges having read the T&Cs and explicitly agrees to them by confirming and paying for the order after clicking the button: “I have read the General Terms and Conditions of Sale and accept them without reservation.”
The Client is also required to read the Privacy Policy and Legal Notices, which are an integral part of these T&Cs.

6. PRODUCTS

Products Offered

The Products offered for sale are those listed on the Site.

Product Presentation, Illustration, and Photography

In accordance with Article L.111-1 of the Consumer Code, the Seller presents the Products on the Site with detailed descriptions, illustrations, and photographs to inform the Client of their essential characteristics.
The Client must refer to the Product descriptions to understand their essential features before ordering. The choice and purchase of a Product are the sole responsibility of the Client.
The Client is informed that photographs and graphics on the Site are non-contractual and do not engage the Seller’s liability.

Availability

Product offers on the Site are valid while stocks last. A Product temporarily unavailable will be indicated as such.

Adding a Product to the cart does not constitute validation of the order; some or all quantities of a Product may no longer be available at the time of order confirmation. The Client will be informed, and the Seller will make every effort to ensure availability of the Products.
The Seller reserves the right to modify Products on the Site at any time without notice.

Substitution

In case of Product unavailability after the order is placed, the Seller will immediately inform the Client and offer either to substitute one or more Products or to cancel the order and refund the missing Product within 14 days. No Product will be substituted without the Client’s express consent.

Promotions

The Seller may offer promotional deals, and any promotional benefit is limited to one use per order.

Composition

Product ingredients are detailed on the Site under “Description,” “Ingredients,” and “Nutritional Values.” The Client may contact customer service for additional information.
The Seller is not liable for allergic reactions caused by ingredients listed on the Site.

Product Personalization

The Seller offers personalization services, including for Calisson boxes, with pricing indicated on the Site during customization.
The Client is personally responsible for the text and images printed on Product packaging and may not include names, brands, or logos protected by intellectual property rights.
The Seller is not responsible for illegal or offensive content and reserves the right to refuse personalization requests that are illegal, offensive, politically, culturally, or religiously biased, or that reference sensitive personal data. In such cases, the Seller may remove the item from the order without prior notice.

7. PRICES AND PAYMENT TERMS

Prices
Prices are in euros, inclusive of all taxes (TTC), and applicable at order confirmation. Shipping fees are additional and displayed before final order validation.
Prices are those listed on the Site on the order date. The Seller may modify prices at any time.
Prices are subject to French VAT; any change in VAT rate will be applied to Products on the Site on the date specified by the relevant decree.

Payment Methods
Payment is due in full at the time of order. The Client may pay via:

• Credit card (Visa, Mastercard, American Express, Masterpass) issued in France, Canada, the USA, or EU;
• Apple Pay;
• PayPal (if the Client has a PayPal account).

Payment information is processed securely via SSL. Card details are not stored by the Seller; they must be provided for each new order. Authorization to debit the account is given upon providing card details. The Seller will only process payment once the order is prepared.

Invoice
Invoices are issued with each order shipment, available digitally via confirmation email or on request at serviceclient@calisson.com.

8. ORDER.

Identification.

When placing their first order, the Customer has the option to order as a guest without creating an account or is invited to create an account by providing their email address as a username and choosing a password. This password must be at least 6 characters long and meet a certain security standard to be accepted. The system then verifies the uniqueness of the email address.

If the Customer loses their password, they can click on the “Forgot Password” section and enter their email address. The Customer will receive a link by email allowing them to reset their password.

The password is strictly confidential and will be required each time the Customer logs in to the Website. The Customer is solely responsible for its use.

My Account Section.

In order to place an order, the Customer must provide certain information in their account, including:
– Their first and last name,
– Their address,
– Their phone number,
– Their email address.

This information is necessary for the Seller to manage orders and establishes a link between the Seller and the Customer. Consequently, any Customer wishing to use the Website expressly agrees not to use false information or information belonging to third parties, and to provide accurate and truthful information. The Customer also agrees to inform the Seller of any changes that may affect the delivery of the Products.

A summary of the provided information is sent to the Customer via email.

In accordance with Article L221-15 of the French Consumer Code, the Seller shall not be held liable for any improper execution of the order resulting from incorrect information provided by the Customer.

Account Deactivation.

Inactive Account.

If the Customer’s account has been inactive for two years, the Seller reserves the right to deactivate the Customer’s account automatically, without prior notice or compensation.

Customer Request.

A Customer who wishes to deactivate their account may do so by sending an email to: serviceclient@calisson.com. The Seller will deactivate the account as soon as possible.

Customer data will be deleted in accordance with the terms of our privacy policy, accessible via the following link: [insert GDPR policy link].

Order Process.

The order form is available in French only.

Step 1: Building the Cart
The Customer selects the Products they wish to purchase and adds them to their cart by clicking “ADD TO CART.”
Once the Products are selected, they may enter a promotional code.
At this stage, the cart total does not include shipping costs, which depend on the shipping method chosen in Step 2.

To proceed to the next step, the Customer must click “ORDER.”

Step 2: Choosing the Delivery Method
The Customer can choose their delivery method:

• Home delivery;
• Parcel pick-up point;
• In-store pick-up.

Once the delivery method is chosen, the Customer must click “CONTINUE” to proceed to the next step.

Step 3: Payment
Once the delivery method is confirmed, the Customer is directed to a page summarizing their billing information, order contents, delivery method, and total order amount.

The Customer must also provide payment details and choose between payment by credit card, American Express, Apple Pay, or PayPal. At this stage, the Customer is prompted to check “I have read and accept the terms and conditions of sale without reservation.”

If paying by credit card, the Customer must select their card to be directed to a secure page to enter their banking information.

To confirm the order, the Customer must click the “ORDER WITH PAYMENT OBLIGATION” button. From that moment, the Customer is considered to have knowingly accepted the content and conditions of the order, including these Terms and Conditions of Sale.

Step 4: Order Confirmation
Once the relevant payment centers validate the transaction, a page confirms the Customer’s order, and a summary email is sent.
The distance sales contract between the Customer and the Seller is formed at the moment of order confirmation.

The Seller reserves the right to cancel or refuse any order from a Customer in case of a dispute relating to:

• Payment of a previous order;
• Their status as a consumer;
• Failure to provide accurate information necessary to fulfill the order.

If an order is not accepted, the Seller will inform the Customer by any means.

Order Modification and Tracking.

From the receipt of the order confirmation email, the Customer can track the status of their order in their account by clicking “My Account” or “Orders.”

For technical and logistical reasons, once the delivery method has been confirmed by the Customer and the order confirmed, the Customer can no longer modify the delivery method.

Order Limitations.

For better stock management, the Seller reserves the right to limit the quantity of a given Product that a Customer may order.

9. DELIVERY / SHIPPING FEES.

General Information:

Products ordered by the Customer will be delivered to the address provided by the Customer during the ordering process.

In the event of a shipping delay, an email will be sent to the Customer to inform them of any potential impact on the indicated delivery timeframe.

In accordance with Article L216-6 of the French Consumer Code, if a Product is not delivered on the specified date or within the indicated timeframe, the Customer may:

• Notify the Seller of the suspension of payment of all or part of the price until the Seller fulfills their obligation, in accordance with Articles 1219 and 1220 of the Civil Code;
• Terminate the contract if, after formally requesting the Seller to deliver the Products within a reasonable additional period, the Seller fails to do so.

The contract is considered terminated upon receipt by the Seller of written notice informing them of this termination, unless the Seller fulfills their obligation in the meantime.

If the Customer receives their order after notifying the Seller of the termination, they may return it complete and in its original condition. The Customer will be refunded, including the initial delivery costs and return shipping, upon receipt of the package by the Seller.

The Seller undertakes to prepare the order as quickly as possible following the electronic receipt of the Customer’s order.

Delivery Methods:

Shipping is carried out Monday to Friday. Home delivery is made via Colissimo, and delivery times may vary depending on whether the Customer opts for product customization. Delivery occurs Monday to Saturday to the address provided by the Customer during the order process.

Packages are delivered without signature to the Customer’s mailbox. In case of absence, the Customer should contact La Poste to provide delivery instructions: https://www.laposte.fr/service-consommateurs/contacter-la-poste.

Shipping and Handling Costs:

No additional fees are applied by the Seller.
Shipping costs are borne by the Customer and are communicated before the Customer confirms their order at Step 3: Payment. For orders over €60, shipping costs are free within metropolitan France.

Receiving the Order:

The Customer, or the recipient of the order, is invited to check the visible condition of the package and its contents upon delivery, in the presence of the carrier.

In case of any anomalies regarding the package (damaged package, opened package, liquid traces, etc.) or the Product (missing or damaged products), the Customer or recipient must follow the procedures described below.

Any detected anomaly must be recorded as written remarks on the carrier’s delivery slip. The remarks must be clear and detailed, dated, and signed by the Customer to avoid disputes and preserve the right to seek recourse against the carrier. No claim will be accepted if remarks were not made at the time of delivery.

The Customer must inform the Seller within two business days of any issues encountered and the actions they have taken.

The delivery date corresponds to the date and time of actual handover or first presentation at the delivery address indicated by the Customer in the order form or at the collection point.

An identity document or any other proof of identity may be required upon delivery or pickup of the package.

At the time of delivery, the Customer or any authorized third party will formalize acceptance by signing the delivery receipt, on which any necessary remarks may be noted.

The signature by the Customer or their authorized representative on the delivery receipt confirms proper receipt of the order, its contents, the number of packages indicated on the receipt, and the good condition of the packages.

Transfer of Ownership and Risk:

The Products remain the property of the Seller. Transfer of ownership from the Seller to the Customer occurs only after full payment of the order. In the case of irregular, incomplete, or refused payment, or in case of wrongful behavior by the Customer, the Seller reserves the right to block delivery of the ordered Products. The Seller will inform the Customer electronically and request that the situation be remedied.

Risk transfers at the time of delivery, upon handover of the Products to the delivery address provided by the Customer or upon collection at the store or pick-up point. From this date, the Customer assumes full responsibility for any damage the Products may suffer or cause.

10. RIGHT OF WITHDRAWAL

Right of Withdrawal

In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal without having to provide any justification.

The Customer must notify the Seller of their decision to withdraw by sending, before the expiration of the above-mentioned period, the withdrawal form below or any other clear statement expressing their intention to withdraw.

The Customer must send the completed form to withdraw from the contract to the following addresses:
By postal mail: 5380 Route d’Avignon, 13090 AIX-EN-PROVENCE, FRANCE
By email: webmaster@calisson.com

Exercising the right of withdrawal terminates the Seller’s obligation to fulfill the order.

Products must be returned within fourteen (14) days from the notification of the Customer’s withdrawal to the Seller, along with the order confirmation.

Only Products in perfect condition and in their original packaging, allowing them to be resold as new, can be returned and accepted by the Seller. Damaged or incomplete Products will not be accepted.

Once the Product(s) are returned, only the Product price and delivery costs will be refunded. Return shipping costs remain the responsibility of the Customer.

The refund will be made within fourteen (14) days from the receipt of the Product, using the same payment method the Customer used for the original transaction, unless otherwise specified by the Customer.

Withdrawal Form

I hereby notify you of my withdrawal from the contract for the sale of the following goods:

Ordered on: [……………………………….] ()
Received on: [………………………….……….] ()
Order Number: […………………………………..……………………]
Name of Consumer(s): [………………………………………………………………]
Address of Consumer(s): [……………………………………………………………………………………………………………………………………………………………………]
Signature of Consumer(s) (only if this form is submitted on paper)
Date: [……………………………………]

Exclusions from the Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for:

• The supply of Products that are liable to deteriorate or expire rapidly (including, but not limited to, fresh products, chocolates, and candied chestnuts).
• The supply of Products that have been unsealed by the Customer after delivery and cannot be returned for hygiene or health protection reasons.
• The supply of Products resulting from a special order (e.g., personalized calissons and boxes).

11. WARRANTY

The Seller guarantees to the Customer that the Products are manufactured and packaged according to strict quality standards and stored in compliance with the regulations in force in France.
The Seller cannot guarantee the quality of the Products if the Customer has not respected optimal storage conditions or has consumed the Products after the expiry date indicated on the packaging.

Legal Warranties

11.1. Legal Warranty of Conformity

Under the legal warranty of conformity, the Customer:

• Benefits from a period of two (2) years from the delivery of the Product to take action.
• May choose between repair or replacement of the Product, subject to the conditions provided by Article L.211-9 of the French Consumer Code.

Relevant Legal Provisions :

Article L.217-3 of the French Consumer Code:
"The seller delivers a good in conformity with the contract as well as the criteria set out in Article L. 217-5.
The seller is responsible for any lack of conformity existing at the time of delivery as defined in Article L. 216-1, which appears within a period of two years from delivery."

Article L.217-4 of the French Consumer Code:
"The good is in conformity with the contract if, in particular:
1° It corresponds to the description, type, quantity, and quality, including functionality, compatibility, interoperability, or any other characteristics provided in the contract;
2° It is suitable for any particular purpose sought by the consumer, brought to the seller’s attention at the latest at the conclusion of the contract, and accepted by the seller;
3° It is delivered with all accessories and installation instructions required by the contract;
4° It is updated in accordance with the contract."

Article L.217-5 of the French Consumer Code:
"In addition to conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is suitable for the normal use expected of goods of the same type, considering EU and national law and applicable technical standards, or in their absence, industry-specific codes of conduct;
2° If applicable, it possesses the qualities presented to the consumer as a sample or model before contract conclusion;
3° Digital elements are provided in the most recent version available at the time of contract conclusion, unless otherwise agreed;
4° Delivered with all accessories, packaging, and installation instructions the consumer can reasonably expect;
5° Provided with expected updates under Article L. 217-19;
6° It corresponds to the quantity, quality, and other characteristics reasonably expected for similar goods, including durability, functionality, compatibility, and safety, in light of the nature of the goods and public statements made by the seller or upstream actors, including advertising or labeling."

11.2. Warranty against Hidden Defects

The Customer may invoke the warranty against hidden defects of the Product under Article 1641 of the French Civil Code, allowing them to choose between rescission of the sale or a reduction in the purchase price under Article 1644 of the Civil Code.

Relevant Legal Provisions :

Article 1641 of the French Civil Code:
"The seller is bound by the warranty for hidden defects of the sold item that make it unfit for the intended use or diminish its use to such an extent that the buyer would not have acquired it, or would have paid a lower price, had they known."

Article 1648, paragraph 1 of the French Civil Code:
"Actions resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect.
In the case referred to in Article 1642-1, the action must be brought within one year following the date when the seller could be discharged from apparent defects or non-conformity."

According to Article 1642 of the Civil Code, the Seller is not responsible for apparent defects that the Customer could have noticed themselves.
There is no entitlement to contract rescission or price reduction if the Seller undertakes to repair the Product.

In case of non-conformity or hidden defect affecting the Products under this legal warranty, the Customer must inform the Seller by email or phone immediately upon discovering the hidden defect or non-conformity at: serviceclient@calisson.com.

The Seller will repair or replace Products deemed non-conforming or defective.
Shipping costs will be reimbursed based on the charged rate, and return costs will be reimbursed upon presentation of receipts.
Refunds for Products deemed non-conforming or defective will be processed as quickly as possible, and no later than thirty (30) days following the Seller’s acknowledgment of the non-conformity or hidden defect.

11.3. Exclusion of Warranty

The Seller’s liability cannot be engaged in the following cases:

• Products returned by the Customer do not correspond to the Products originally ordered.
• Products returned by the Customer were not purchased on the Website.
• Products returned by the Customer have been opened or damaged.

The Seller cannot guarantee the quality of Products if the Customer has not respected optimal storage conditions or has consumed Products beyond the expiration date indicated on the packaging.

12. LIABILITY

The Seller is not liable for:

• Fraudulent use of Client login ;
• Site interruptions ;
• Force majeure (Civil Code Article 1218).

13. MANDATORY CHECK ON PACKAGING

The Seller strives to keep the information on the Website up to date in order to provide the Customer, before the conclusion of the contract, with complete, readable, and understandable information on the composition of the Products, in accordance with Article L111-1 of the French Consumer Code.

However, it is recommended that the Customer, upon receipt of the Product, check the composition indicated on the packaging, as it may occasionally be modified by the manufacturer. In case of any discrepancy between the information provided at the time of the order and that indicated on the packaging, the Customer is invited to contact Customer Service.

14. INTELLECTUAL PROPERTY

The trademark “La Confiserie du Roy René”, as well as logos, images, registered or unregistered designs, texts, articles, comments, photographs, drawings, and other distinctive signs appearing on the Products, in catalogs, on the Website, or on any accessories or packaging, whether registered or not (hereinafter referred to as “Intellectual Property Elements”), are registered and/or protected trademarks and signs and remain the exclusive property of the Seller.

Any reproduction, in whole or in part, modification, or use of the Intellectual Property Elements, for any reason or on any medium, is strictly prohibited without the prior written and express authorization of the Seller and may be considered an act of infringement. This prohibition also applies to any combination or use in association with any other trademark, symbol, logo, or, more generally, any distinctive sign intended to form a logo.

The Products, including but not limited to their presentation and packaging, may be protected by intellectual property rights (including trademarks, designs, models, and copyrights). These Terms and Conditions of Sale do not grant and/or transfer to the Customer any intellectual or industrial property rights, which remain the exclusive property of the Seller.

15. PERSONAL DATA

The Seller has implemented a strict policy regarding the personal data of its Customers. This policy and the Seller’s commitments are available in the Privacy Policy.

In accordance with Law No. 2024-449 of May 21, 2024, the data collected through the Website is hosted by 772424, whose contact details are: Chemin Petit Cabri – Le Tholonet – 13100 Aix-en-Provence, France.

16. SEVERABILITY OF CLAUSES

If one or more provisions of these Terms and Conditions of Sale (T&Cs) are held to be invalid or are declared as such under any law, regulation, or following a final decision of a competent court, the remaining provisions shall remain in full force and effect.

The names, titles, and subtitles of the articles in these Terms and Conditions of Sale are provided for convenience and reference only and cannot be used to interpret their content.

17. APPLICABLE LAW AND DISPUTE RESOLUTION

These T&Cs are governed by French law.

In the event of a dispute relating to the validity, interpretation, or execution of these T&Cs, the Parties agree to use their best efforts to reach an amicable resolution.

If the Parties are unable to reach an amicable solution, the Customer may choose to resort to a mediator in accordance with Article L612-1 of the French Consumer Code.
In compliance with the provisions of the Consumer Code regarding amicable dispute resolution, the Seller adheres to the mediation service for e-commerce of the Fédération du e-commerce et de la Vente à Distance (FEVAD), whose contact details are: 60 rue La Boétie, 75008 Paris; https://www.mediateurfevad.fr/index.php/espace-consommateur.

The Seller reminds the Customer that mediation is only possible under the following two conditions :

• The Customer’s complaint has not already been examined by a judge or another mediator ;
• The complaint has already been submitted to the Seller’s Customer Service.

Additionally, the European Commission’s Online Dispute Resolution (ODR) platform is accessible at: https://webgate.ec.europa.eu/odr/.

If no amicable dispute resolution procedure is successful, the Customer must submit their claim to the competent court, with French courts having jurisdiction.

In accordance with Article R. 631-3 of the French Consumer Code, a Customer qualifying as a consumer may bring an action before:

• One of the courts territorially competent under the Code of Civil Procedure (Court of the domicile or registered office of the defendant, the court of the place of actual delivery of the goods, or the place of performance of the service),
  or
• The court of the place where the Customer resided at the time of conclusion of the contract or at the occurrence of the damaging event.

18. CUSTOMER SERVICE AND COMPLAINTS

For any information, inquiry, or complaint, the Customer may contact the Seller’s Customer Service at the following addresses:

• By postal mail : Confiserie du Roy René – 5380 Route d’Avignon, 13090 AIX-EN-PROVENCE, France
• By phone : +33 4 42 39 29 89
• Via the contact form on the Website : webmaster@calisson.com