Update of the General Conditions of Sale: 07/05/2018
These general conditions of sale govern all relations between:
- The company CONFISERIE DU ROY RENÉ, simplified joint stock company, registered at the RCS of Aix-en-Provence under number 621 620 921, and having its registered office at 5380 Route d’Avignon 13090 AIX-EN-PROVENCE (hereinafter referred to as the “Seller”),
- The natural person who orders a product (s) on the website www.calisson.com/en (hereinafter the “Customer”).
Confiserie du Roy René invites its customers to download and print the general conditions of sale.
The website www.calisson.com/en (hereinafter “the Site”) is an ecommerce area that offers a remote product ordering service and preparation of products delivered by the Seller or removed in store or drive by the Customer, under the conditions defined below.
The General Terms and Conditions of Sale are intended to describe the terms and conditions for distance sales of goods and services between the Seller and the Customer intended to be delivered worldwide, with the exception of the United States, the United Arab Emirates, and Israel (hereinafter the “Territory”), with no minimum purchase. They express the entirety of the obligations and rights of the Parties.
Any order placed by the Customer in this context is carried out by themselves for their personal and non-professional needs.
The contract resulting from the actual placing ofan order by the Customer is subject to the regulations governing distance selling, as resulting from the laws and regulations in force in France, as well as the provisions set out below.
3. ACCEPTANCE OF TERMS AND CONDITIONS OF SALE
The customer who orders on the Site certifies to be an adult physical, non-commercial person, acting for their personal needs.
The Customer acknowledges having read the General Terms and Conditions of Sale and expressly accepts them from the moment they validate and pay for their order after having clicked on the button “I have read and I accept the general conditions of sale”.
The Customer is also required to read the legal notice of the site: https://www.calisson.com/mentions-legales which are an integral part of these Terms and Conditions of Sale.
4. MODIFICATION OF THE TERMS AND CONDITIONS OF SALE
The Seller is free to adapt and / or modify at any time the General Conditions of Sale, the Customer is therefore invited to consult the Site regularly.
The General Conditions of Sale applicable to each order are those in force on the day of the order.
The Seller presents on his Site the products and services as well as their detailed descriptions allowing the Customer to be aware of, before the final placing of the order, their essential characteristics.
…Illustration and photographs of products
The Customer is informed that the descriptions, product sheets, engravings, advertising descriptions and photographs do not fall within the scope of the contract and constitute only a presentation of the Products as an indication.
The product offers presented on the Site are valid while stocks last. A product temporarily unavailable is indicated as such.
The fact of adding a product in the basket is not deemed to be the validation of the order, all or part of the quantity of a product placed in the basket may not be available at the time of the validation of the order. In this case the Customer is informed directly and before the payment of his order.
The Seller will make every effort to ensure the availability of the entire range of products offered.
The Seller is free to offer promotional offers, the Customer is informed that any promotional benefit is limited to one use per order.
In case of unavailability of products, Confiserie du Roy René will inform the Customer immediately and will propose to either substitute one or more products of the order, or cancel the order and refund the missing product. No product will be substituted without the express agreement of the Customer.
The Roy René Confectionery offers a customization service of products, including boxes of calissons. The rates of this service are indicated directly on the Site during the customization.
The Customer is personally liable under civil and criminal law for the choice of text and images that will be printed on the packaging of the Products. The Client is also prohibited from mentioning in the text of the personalization of names, trademarks and logos protected by intellectual property rights.
Confiserie Roy Roy disclaims all liability for illegal content or contrary to morality of the text chosen by the Customer, and reserves the right to refuse the personalization service if the Customer’s request is illegal, contrary to morality or if it contains terms contrary to the principles of political, cultural and religious or value-judging neutrality or relates to sensitive data with reference to ethnic or racial origins, trade union membership, sex life and / or manners of people.
In this case the Confiserie du Roy René reserves the right to delete the item of the order, without prior notice.
6. PRICE AND TERMS OF PAYMENT
The prices of the products presented on the site are indicated in Euros all taxes inclusive (TTC). They are applicable during the validation of the order by the Customer and do not include the participation in the shipping costs, invoiced additionally, and indicated before the final validation of the order.
The price of the products is that which appears on the Site on the oday of placing the order. The prices are submitted to French VAT. and any change in the legal rate of this VAT will be reflected in the price of products and services presented on the Site, on the date stipulated by the relevant application decree.
Delivery charges, which are added to the total amount of the order, are indicated on the summary of the order, according to the delivery terms.
The amount of the order that the Customer has validated by making payment is the final price – all taxes inclusive and including the amount of delivery charges – and maximum that may be debited.
The seller reserves the right to modify its prices at any time, without notice, it being understood however that the price indicated on the Site the day of the order will be the only one applicable to the Customer.
…Means of payment
Payment can be made by:
- Credit card: accepted cards are: Carte Bleue, Visa, Master Card, Paylib, Masterpass.
- PayPal, provided that the Customer has a PayPal account.
All flows of information related to payment are made in a secure context, especially when a payment by credit card is made via the MERCANET payment platform owned by BNP PARIBAS and using the SSL protocol. The information communicated during the placing of the order (card number and validity date) are not stored on the Seller’s servers.
To increase security, the Customer must provide this information to each new order.
The communication by the Customer of his credit card numberauthorizes the debit from his account of the amount of the order. Confiserie Roy René will make the assessment at the end of the preparation of the order, for the exact amount of products actually delivered to the Customer.
The ordered products are the property of the Confiserie Roy René until full payment of the order. In case of irregular, incomplete or refused payment, or in the case of faulty behaviour by the Customer, the Confiserie Roy René reserves the right to block the delivery of products ordered. Confiserie Roy René will inform the Customer electronically and request that the situation be remedied.
During his first order, Customers are required to indicate their email address as an identifier and to choose a password. This password must be at least 6 characters in length and have a certain level of security to be retained. A uniqueness check and the email address are then performed by the system.
In the event that the Client loses his password, he can click on the “Forgotten Password” section and enter his email address. The Customer will receive a link on his email address that will allow him to change his password.
The password is strictly confidential, it will be requested from the Customer each time they connect to the Site. The Customer is solely responsible for its use.
…MMMy account area
In order to be able to place an order, the Customer must provide certain information in this area, and in particular:
- Their surname and first name,
- Their address,
- Their telephone number.
The Customer who wishes to use the Site expressly undertakes not to use false information or third party information and to provide true and genuine information. The customer also undertakes to inform the Seller of any changes concerning them.
A summary of the information provided is presented to the Customer via an email.
This information is necessary for the management of orders by the Confiserie du Roy René and enables the link between the Seller and the Customer. As a result, failure to provide requested information is equivalent to foregoing the creation of an account, and will prevent the Customer from placing an order.
In the event that the client’s account is no longer active for 24 months, Confiserie du Roy René reserves the right to disable the Client’s account, automatically, without notice or compensation. This deletion will have the effect of permanently deleting all the information and personal data of the Customer.
The Customer who wishes to deactivate his account may make the request by e-mail to the following address: firstname.lastname@example.org. Confiserie du Roy René will make its best efforts to deactivate the account as soon as possible and will send an email to the Customer to confirm the deactivation.
- Step 1: Constitution of the basket
The Customer chooses the products they wishes to buy and adds them to their basket by clicking on “ADD TO BASKET”.
Once the products are selected they can enter a promotional code. The basket amount does not include shipping costs at this stage, which depend on the shipping method chosen in step 2.
To proceed to the next step, the Customer must click on “PROCEED TO ORDER”.
- Step 2: Choice of delivery method .
During this stage, the Customer chooses the country of delivery and the method of delivery:
- DRIVE delivery
- Withdrawal in store
- Home delivery
If the Customer opts for Drive or in-store pick-up, the Customer must choose the pick-up store and indicate the date and time of pick-up of his order.
Once the delivery method has been chosen, the Customer must click on “VALIDATE DELIVERY METHOD” to proceed to the next step.
- Step 3: Payment
Once the delivery method is validated, the Customer is sent a page summarizing his billing information, the content of the order, the delivery method and the total amount of the order.
The customer must also enter their payment information and choose between payment by credit card or via PayPal. It is at this moment that the Customer is invited to check “I have read and accept the general conditions of sale”.
If the Customer decides to pay by credit card, they must select their credit card in order to be directed to a secure access and enter his banking data under the conditions provided. If they choose payment via PayPal they are redirected to the PayPal site.
To confirm the order the Customer must click on the button “PAYMENT”, as from this moment they are considered to have knowingly accepted the content and conditions of the order in question and in particular the present general conditions of sale.
- Step 4: Order Confirmation
Once the payment centres concerned have validated the transaction, a page confirms the Customer’s order, and a summary e-mail is sent to the Customer.
In the event that, for any reason, an order is not accepted, Confiserie du Roy René will inform the Customer by any means.
…Order modification and tracking
As of the reception of the e-mail of confirmation of order, the Customer has the possibility of following the state of his order in his space, by clicking on “my account”, or “Orders”.
The Customer will not have the possibility to modify his order after it has been paid for.
Once the delivery mode is validated by the customer, and the order confirmed, it is no longer possible for the Customer to modify the delivery mode for technical and logistical reasons.
La Confiserie du Roy René reserves the right to limit the order of the same product to a certain quantity by the Customer for stock management reasons.
Home delivery of products to the Customer is ensured in Metropolitan France, DOM-TOM, European Union and throughout the world with the exception of the USA, the United Arab Emirates and Israel.
For delivery by Drive or pickup point, delivery is limited to stores offering the pickup or drive service.
Home delivery is operated by Colissimo, the delivery time can vary according to the choice of the Customer to opt for the personalization of the products. Delivery is from Monday to Saturday, to the address provided by the Customer when ordering. The parcel is delivered without signature in the post office box of the Customer, in case of absence it is advisable to contact the service of LA POSTE to communicate your instructions: https://www.laposte.fr/service-consommateurs/contacter-la-poste
Delivery costs are the responsibility of the Customer, and are communicated to the Customer before any order confirmation in step 3: Payment.
Upon delivery, the Customer must carry out an examination of the physical condition of the package delivered as well as an examination of its contents, in the presence of the carrier.
The delivery date corresponds to the date and time of delivery or the first actual presentation to the delivery address indicated by the Customer in the order form or the making available at the collection store.
The transfer of risks occurs upon delivery, at the time of delivery of the products to the delivery address provided by the Customer or at the time of collection package in store or at the Post Office.
An identity document or any other necessary proof may be required at the time of delivery or collection of the package.
At the time of delivery, the Customer or any third party to whom he has given authority to receive the goods, will formalize his acceptance by signing the delivery receipt which will be presented to him and on which may be made any remark appearing necessary.
The signature by the Customer or any person mandated by him for this purpose of the said delivery note confirms the good reception of the order, its contents and the number of associated packages indicated on the delivery note as well as the good condition of the packages.
Any anomaly noted will imperatively have to be the subject of handwritten reserves made on the delivery slip of the conveyor. The reservations must be clear and detailed, dated and signed by the Client to avoid any dispute. No complaint can be registered in the absence of reserves formulated at the time of the delivery. The Customer must inform Confiserie du Roy René within two working days of the incidents encountered and the steps they have taken.
9. RIGHT OF WITHDRAWAL
…Right of withdrawal
Article L. 221-18 of the Consumer Code states that the consumer has a period of fourteen (14) days to exercise his right of withdrawal from the contract concluded at a distance without having to justify his decision.
The Customer must notify the Seller of his decision to withdraw by sending him, before the expiry of the aforementioned period, the standard withdrawal form, available on the Customer Area, or an unambiguous statement expressing his willingness to withdraw.
The customer must send this completed form to withdraw from the contract to the following addresses:
- By post: 5380 Route d’Avignon 13090 AIX-EN-PROVENCE – FRANCE
- By e-mail: email@example.com
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on [……………………………….] (*) received on [………………………….……….] (*)
Order number: […………………………………..……………………]
Name of consumer(s): [………………………………………………………………]
Address of the consumer(s) : [……………………………………………………………………………………………………………………………………………………………………]
Signature of consumer(s) (only if this form is notified on paper)
Date : [……………………………………]
…Returns and Refunds
The refund will be made by the same means of payment as the one used by the Client for the initial transaction, unless specifically indicated by the Client. The refund will be made as soon as possible and at the latest within 14 days of the effective exercise of the right of withdrawal by the Customer.
This period may however be extended by Confiserie du Roy René until Confiserie du Roy René receives the goods returned by the Customer in store or to the address indicated on the return form. Where the fourteen (14) day period expires on a Saturday, Sunday or statutory or non-working day, it shall be extended until the first following working day.
In accordance with Article L.221-23 of the Consumer Code, the cost of returning the products will remain the responsibility of the Customer except in the event of non-conformity of the products delivered with the order (in this case, the cost of return will be the responsibility of Confiserie du Roy René. The Customer may be held liable in the event of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product.
Confiserie du Roy René informs the Customer that in accordance with Article L.221-28 of the Consumer Code, the Customer does not benefit, for the order of products which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly, of a right of withdrawal. This includes the following:
- Fresh products such as, but not limited to, chocolates and marrons glacés,
- Products whose packaging has been opened,
- Products resulting from a special order (personalized calissons)
Confiserie du Roy René guarantees to the Customer that the Products are manufactured and packaged according to strict quality rules, and preserved in accordance with the standards in force in France.
La Confiserie du Roy René cannot guarantee the quality of its Products if the Customer has not complied with optimum storage conditions, or if the Customer has consumed products beyond the best before date indicated on the packaging.
La Confiserie du Roy René can in no case be held responsible in case:
- Fraudulent use of the Site or login credentials by the Customer;
- Interruption of the Site;
- Force majeure within the meaning of Article 1218 of the Civil Code preventing it from fulfilling the obligations contained in these General Conditions of Sale.
12. INTELLECTUAL PROPERTY
The trademarks “LA CONFISERIE DU ROY RENÉ” as well as all commercial trademarks, figurative or not, and all other trademarks, commercial names, service marks, illustrations, images, logos, registered or unregistered designs and models, copyright and patents (hereinafter “the Intellectual Property Elements”), appearing on the products, in the catalogues, the online shop, or on any accessories or packaging, registered or not, are and remain the exclusive property of Confiserie du Roy René.
Any reproduction, complete or partial, modification or use of the Intellectual Property Elements, for any reason whatsoever or on any medium whatsoever, is strictly prohibited without the express prior written authorisation of Confiserie du Roy René. This prohibition also applies to any combination or use associated with any other mark, symbol, logo or, more generally, any distinctive sign intended to compose a logo.
13. PERSONAL INFORMATION
La Confiserie du Roy René has implemented a strict policy surrounding the personal data of its Clients. This policy and the commitments of La Confiserie du Roy René are available in the legal notices: https://www.calisson.com/en/legal-notice/
14. ENTIRE AGREEMENT
In the event where one of the clauses in these general conditions was to be declared null and void by a Court decision, such invalidity shall not entail the nullity of all other clauses, which continue to produce their effect.
15. APPLICABLE LAW AND DISPUTE RESOLUTION
The present conditions of online sale are subject to French law. Failing amicable settlement, disputes relating to orders placed on the Site are the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or warranty claims.
In addition, in accordance with Article L.616-2 of the Consumer Code, Confiserie du Roy René informs the Customer of the existence of an online dispute resolution platform set up by the European Commission. The purpose of this platform is to collect any complaints arising from online purchases by European consumers and then forward the cases received to the competent national ombudsmen. This link is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR