GENERAL CONDITIONS OF SALE

Update of the General Conditions of Sale: 07/05/2018

1PREAMBLE
These general conditions of sale govern all relations between La Confiserie du Roy René (SAS registered with the RCS of Aix-en-Provence, hereinafter the "Seller") AND the natural person who orders one or more products on the website calisson.com (hereinafter the "Customer").
The website www.calisson.com (hereinafter referred to as "the Site") is an e-commerce space that offers a service for ordering products remotely and then preparing products delivered by the Seller or collected in store or by drive by the Customer, under the conditions defined below.

2SUBJECT
The General Terms and Conditions of Sale are intended to describe the terms and conditions of distance selling of goods and services between the Seller and the Customer; they express all the obligations and rights of the Parties. Any order placed by the Customer in this context is placed by him/her for his/her personal and non-professional needs.
The contract resulting from the Customer's actual order is subject to the regulations governing distance selling, as they result from the legislative and regulatory provisions in force in France, as well as the provisions set out below.

3CGV ACCEPTANCE
The customer who orders on the Site certifies that he is a major, non-commercial natural person acting for his personal needs. The Customer acknowledges having read the General Terms and Conditions of Sale and expressly declares to accept them from the moment when he validates and pays for his order after clicking on the button "I have read and I accept the general terms and conditions of sale".
The Client is also required to read the legal notices on the site, which form an integral part of these General Terms and Conditions of Sale.

4CGV MODIFICATION
The Seller is free to adapt and/or modify the General Terms and Conditions of Sale at any time, the Customer is therefore invited to consult the Site regularly. The General Terms and Conditions of Sale applicable to each order are those in force on the day of the order.

5PRODUCTS
  5.1. Presentation of products: the Seller presents on his Site the products and services as well as their detailed descriptions allowing the Customer to know, before the final order is placed, their essential characteristics.

  5.2. Illustration and photography of the products: the Client is informed that the descriptions, Product sheets, engravings, advertising descriptions and photographs do not fall within the scope of the contract and constitute only an indicative presentation of the Products.

  5.3. Availability: the product offers presented on the Site are valid within the limits of available stocks. A product that has become temporarily unavailable is indicated as such. The fact of adding a product in the basket does not validate the order, it is therefore possible that all or part of the quantity of a product in the basket, is no longer 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.

  5.4. Promotions: the Seller is free to offer promotional offers, the Customer is informed that any promotional advantage is limited to one use per order.

  5.5. Substitution: in the event of unavailability of products, Confiserie du Roy René will immediately inform the Customer and will propose either to substitute one or more products of the order, or to cancel the order and be refunded the missing product. No product will be substituted without the express agreement of the Customer.

  5.6. Personalization of products: Confiserie du Roy René offers a product personalization service, including calissons boxes, the prices of this service are indicated directly on the Site during the personalization. The Customer is personally civilly and criminally liable for the choice of text and images that will be printed on the packaging of the Products. The Client also refrains from mentioning in the text of the personalization of names, trademarks and logos protected by intellectual property rights.
Confiserie du Roy René is not responsible for any illegal or immoral content of the text chosen by the Customer, and reserves the right to refuse the personalization service if the Customer's request is illegal, immoral or if it contains terms contrary to the principles of political, cultural and religious neutrality or constitutes a value judgment or concerns sensitive data with reference to ethnic or racial origins, union membership, sexual life and/or the morals of individuals. In this case, Confiserie du Roy René reserves the right to delete the item from the order without prior notice.

6PRICE AND PAYMENT
  6.1. Prices: the prices of the products presented on the site are indicated in Euros all taxes included (TTC). They are applicable during the validation of the order by the Customer and do not include the contribution to the shipping costs, invoiced in addition, and indicated before the final validation of the order.
The price of the products is the one appearing on the Site on the date of the order. Prices are subject to French VAT and any change in the legal rate of this VAT will be reflected in the price of the products and services presented on the Site, on the date stipulated by the relevant implementing decree.
Delivery costs, 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 will have validated by proceeding to its payment is the final price - all taxes included and including the amount of the delivery costs and maximum that can be charged. 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 on the day of the order will be the only one applicable to the Customer.

  6.2. Means of payment: payment can be made by credit card (the accepted cards are the following: Carte Bleue, Visa, Master Card, Paylib, Masterpass) or PayPal (provided that the Customer has a PayPal account).
The products ordered are the property of Confiserie du Roy René until full payment of the order. In the event of irregular, incomplete or refused payment, or in the event of misconduct by the Customer, Confiserie du Roy René reserves the right to block the delivery of the ordered products. Confiserie du Roy René will inform the Customer electronically and ask him to remedy the situation.

7ORDER
  7.1. Identification: at the time of his first order, the Customer is required to indicate his e-mail address as identifier and to choose a password. This password must be at least 6 characters long and have a certain level of security to be retained. A uniqueness and email address check is then performed by the system.
In the event that the Customer loses his password, he can click on the "Forgotten password" section and enter his e-mail address. The Customer will receive a link to 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 he connects to the Site. The Customer is solely responsible for its use.

  7.2. My account area: in order to be able to place an order, the Customer must enter certain information in his area, and in particular: his first and last name, his address, his telephone number. The Client who wishes to use the Site expressly undertakes not to use false or third party information and to provide true and sincere information. The customer also undertakes to inform the Seller of any changes concerning them.

A summary of the information provided is presented to the Client by means of an e-mail. This information is necessary for the management of orders by Confiserie du Roy René and allows the link between the Seller and the Customer. Consequently, failure to provide the requested information is equivalent to waiving the creation of an account, and will prevent the Customer from placing an order.

  7.3. Deactivation: in the event that the customer's account has not been active for 24 months, Confiserie du Roy René reserves the right to deactivate the customer's account, by operation of law, without notice or compensation. This deletion will permanently delete all the Customer's personal information and data.
The Customer who wishes to deactivate his account can make a request by e-mail using our contact form. Confiserie du Roy René will do its best to deactivate the account as soon as possible and will send an email to the Customer to confirm the deactivation.

  7.4. Order process :
*Step 1 - Composition of the basket: the Customer chooses the products he wishes to buy and adds them to his basket by clicking on "ADD TO BASKET". Once the products have been selected, he can enter a promotional code. The amount of the basket does not include at this stage the shipping costs 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 step, the Customer chooses the country of delivery and the delivery method: DRIVE delivery, pick-up in the shop or home delivery. If the Customer chooses Drive or in-store pickup, the Customer must choose the pickup location and indicate the date and time of pickup of his order. Once the delivery method has been chosen, the Customer must click on "VALIDATE THE DELIVERY MODE" to proceed to the next step.

*Step 3: Payment: Once the delivery method has been validated, the Customer is sent to 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 his payment information and choose between payment by credit card or via PayPal. It is at this point that the Customer is asked to tick "I have read and accept the general terms and conditions of sale".
If the Customer decides to pay by credit card, he must select his credit card in order to be directed to a secure access and enter his banking data under the conditions provided. If he has chosen payment via PayPal he is redirected to the PayPal site.
To confirm the order, the Customer must click on the "PAYMENT" button, from this moment on he is 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: Confirmation of the order: once the payment centres concerned have validated the transaction, a page confirms the order to the Client, and a summary e-mail is sent to the Client.In the event that, for any reason, an order is not accepted, Confiserie du Roy René will inform the Customer by any means.

  7.5. Modification and tracking of orders: as soon as the order confirmation email is received, the Customer can track the status of his order in his space, by clicking on "my account", or "Orders".
The Customer will no longer have the possibility to modify his order after payment.
No change of address can be made after an order has been confirmed. You can cancel the order in question and place a new one with a different address.
Once the delivery method is validated by the customer, and the order confirmed, it is no longer possible for the customer to change the delivery method for technical and logistical reasons.

  7.6. Limitation of order: 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.

8DELIVERY
  8.1. Delivery times: home delivery is made by Colissimo, the delivery time may vary depending on the Customer's choice to personalize the products. Delivery is made from Monday to Saturday, to the address provided by the Customer when ordering. The package is delivered without signature in the Customer's post office box, in case of absence it is advisable to contact the LA POSTE service to communicate your instructions: https://www.laposte.fr/service-consommateurs/contacter-la-poste

  8.2. Prices: delivery charges are at the expense of the Customer, and are communicated to the Customer before any order confirmation in step 3: Payment.

  8.3. Receipt: upon delivery, the Customer must examine the physical condition of the delivered package and its contents in the presence of the carrier.
The delivery date corresponds to the date and time of delivery or first actual presentation to the delivery address indicated by the Customer in the order form or the availability 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 of the parcels in store or at the Post Office. An identity document or any other necessary proof may be required when the package is delivered or collected.
At the time of delivery, the Customer or any third party to whom he has given authority to receive the goods, shall formalize his acceptance by signing the delivery receipt presented to him and on which any comments that may appear necessary may be made.
The signature by the Customer or any person authorized by him for this purpose of the said delivery note confirms the good receipt 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 must be the subject of handwritten reservations made on the carrier's delivery note. 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 reservations made at the time of delivery. The Customer must inform Confiserie du Roy René within two working days of the incidents encountered and the steps he has taken.

9RIGHT OF WITHDRAWAL
  9.1. 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 a declaration unambiguous, 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 email: through our contact form

   9.2 Returns and Refunds: Refunds will be made by the same means of payment as the one used by the Client for the initial transaction, unless otherwise specified by the Client. The refund will be made as soon as possible and at the latest within 14 days following the effective exercise of the right of withdrawal by the Customer.
However, this period may 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. When the fourteen (14) day period expires on a Saturday, Sunday or statutory or non-working day, it is extended until the next business day.
In accordance with article L.221-23 of the Consumer Code, the costs of returning the products will remain the responsibility of the Customer except in the event of lack of conformity of the products delivered with the order (in this case, the return costs will be the responsibility of the 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.

  9.3. Exclusions: Confiserie du Roy René informs the Customer that, in accordance with Article L. 221-28 of the Consumer Code, the Customer does not have a right of withdrawal for the order of products which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly. This includes, in particular, the following:
- fresh products, in particular, but not exclusively, chocolates and candied chestnuts,
- products whose packaging has been opened,
- products resulting from a special order

10WARRANTY
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. 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 expiry date indicated on the packaging.

11RESPONSABILITY
Confiserie du Roy René can under no circumstances be held responsible in the event of:
- fraudulent use of the Site or login credentials by the Client;
- 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 Terms and Conditions of Sale.


12RINTELLECTUAL PROPERTY
The trademarks "LA CONFISERIE DU ROY RENÉ" as well as all commercial trademarks, whether figurative or not, and all other trademarks, trade 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 sole 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 authorization of Confiserie du Roy René. This prohibition also applies to any combination or use associated with any other trademark, symbol, logo or, more generally, any distinctive sign intended to compose a logo.

13PERSONAL DATA
Confiserie du Roy René has implemented a strict policy surrounding the personal data of its Customers, this policy and the commitments of La Confiserie du Roy René are available in the legal notices.

14PCOMPLETENESS
If one of the clauses of these general terms and conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

15APPLICATE LAW AND DISPURE RESOLUTION
These online sales conditions are subject to French law. In the absence of amicable settlement, disputes relating to orders placed on the Site fall within 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 possible complaints from European consumers about online purchases and then forward the cases received to the competent national ombudsmen. This link is available here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show