General terms and conditions of sale

I – INTRODUCTION – SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE – ACCEPTANCE

These general terms and conditions of sale (hereafter “Terms of sale”) apply automatically to all online sales of products by COMPANY MADE IN CHABANOL, a limited liability company with capital of 5,000 euros, with its head office at 35, Avenue de Montpellier, 34270 SAINT MATHIEU DE TREVIERS, registered in the MONTPELLIER trade and companies register under number 510 033 848, and identified under VAT number FR 82510033848 (hereafter “COMPANY MIC”), on its website www.madeleinesdupic.com (hereafter the “Site”) to the exclusion of all other terms and conditions, including those applicable in the store or that have been expressly accepted by COMPANY MIC.

These Terms of sale apply to all orders placed by individuals over 18 (hereafter the “Customers”) acting as consumers within the meaning of the French Consumer Code, i.e. for non-business purposes, and exclusively on the Site.

For all orders placed on the Site, Customers expressly acknowledge having read and unconditionally accepted the Terms of sale prior to ordering.

II – CUSTOMER TECHNICAL PREREQUISITES

To order, Customers must have a computer, tablet or smartphone with access to wireless Internet, WAP and/or 3G at the appropriate speed to connect to the Site. Customers are fully responsible and solely and exclusively liable for the cost of connecting to the Site via the Internet.

Customers must also have a valid personal email address and use one of the means of payment authorized hereafter. Customers must be able to provide all the information required to create a customer account as provided for in Section 3 of these Terms of sale.

III – CUSTOMER ACCOUNT

For orders to be valid, they must be made on the Site after creating a valid customer account.

3.1 Creating a customer account and prerequisites.

Customers must be over 18 when creating their customer account and must have a valid credit card.

When connecting to the Site for the first time, Customers will be required to provide contact information in order to create a customer account on the Site.

Each customer is authorized to hold only one customer account.

Customers certify to COMPANY MIC that the information they provided for the purpose of creating a customer account is accurate and truthful.

COMPANY MIC shall in no way be held responsible for incorrect or incomplete information provided by Customers, particularly with regard to their delivery address, which must be as complete as possible.

3.2 Confidentiality and password

Customers agree and acknowledge being solely responsible for maintaining the confidentiality and personal nature of the data, username and password associated with their customer account.

Therefore, Customers will be solely responsible for all orders placed from their customer account and for protecting their password.

If Customers are made aware of any unauthorized use of their password and/or customer account, they undertake to inform COMPANY MIC without delay at the address indicated at the top of this page or by email at the following address: contact@madeleinesdupic.com.

If deemed necessary by COMPANY MIC, the customer account may be deleted and the user may have to create a new customer account.

COMPANY MIC will in no circumstances be held liable for damages resulting from the loss, theft or misuse of passwords by third parties that is not within its control.

3.3 Updating of Customer Account

After creating their customer account, Customers can access and change their contact information, including the delivery address and password.

3.4 Use of Customer Account

Unless Customers provide express notification as specified in Section 3.2, the connection to the customer account made by entering their username and password is proof of Customers’ identity and commits them to any order placed on the Site. The connection is equivalent to an electronic signature within the meaning of Act No. 2000-230 dated March 13, 2000.

IV – ORDER – ACCEPTANCE OF ORDER – CONCLUSION OF THE CONTRACT

All orders confirmed by Customers on the Site and received by COMPANY MIC are considered firm and final. The act of placing an order means that Customers accept without reservation these Terms of sale and the specific conditions of the order (products, quantities, prices, shipping method, place of delivery, etc.) as presented to them at the time of validation.

All orders placed by Customers must be approved by COMPANY MIC, which then confirms their order by sending an email to the email address indicated in their customer account.

The acceptance of the order emailed by COMPANY MIC marks the starting point of the conclusion of the contract within the meaning of sections L121-21 and following of the Consumer Code. The acceptance email also marks the start time for delivery as discussed in section 8 of these Terms of sale. Given that fresh products are involved; it may take COMPANY MIC several hours or even days to send the acceptance email depending on the size of the order.

All orders will be confirmed by COMPANY MIC only after it receives approval from the payment center concerned; payments shall only be made by credit card as indicated below.

If a payment is refused, the order will automatically be cancelled. COMPANY MIC will inform the Customer by email.

V – PRODUCTS – PHOTOS

5.1 General

A summary presentation is made for each product offered for sale on the Site.

All the products offered for sale by COMPANY MIC are fresh products with a use-by date (DLC) provided on the product packaging. Customers agree to abide by this date.

The photos on the site have no contractual value.

5.2 Specific conditions for madeleines

COMPANY MIC draws Customers’ attention to the fact that its madeleines have a shelf life of 21 days, indicated on the box label. Customers are invited to take all necessary precautions to preserve the freshness of madeleines they have ordered, including:

1. Select a delivery date allowing for the product to reach the addressee before the expiry date
2. Store in a cool, dry place
3. Do not freeze (possible, but not recommended)
4. Consume as soon as possible.

VI – PRICES – SHIPPING CHARGES

Product prices on the Site are in euros (€), include packaging and take into account the VAT applicable on the date of order.

Shipping charges, if any, are not included in the price of the products shown. They are specified before orders are finalized on the Site and before orders are validated by Customers.

Shipping charges applicable to each order depend on quantities purchased, the place of delivery indicated by the Customer and promotions that may be posted on the Site.

VII – PAYMENT

For orders to be approved by COMPANY MIC, they must first be fully paid by Customers, who agree to this expressly.

The only accepted method of payment is by credit card. Only VISA, MASTERCARD and CB are accepted.

An invoice will be provided on request.

VIII. – DELIVERY

Orders will be shipped only when full payment is received, including shipping charges, if any.

The costs and risks associated with product delivery are the sole responsibility of COMPANY MIC.

As of delivery, product risks are transferred to the Customer.

8.1 Place of delivery

At the time of order validation, Customers may choose to pick up their order in store or have it shipped to the place of delivery they will indicate.

At the time of order validation, Customers may indicate that they will pick up their order only at the following addresse:

–           A SAINT MATHIEU DE TREVIERS (34270) : 351, Avenue Louis CANCEL

Orders will only be shipped to authorized countries indicated by COMPANY MIC on the Site.

8.2 Delivery time

COMPANY MIC declares, and Customers acknowledge, that its products are delivered by a third party (postal service or any organization authorized to perform this action).

8.2.1 In store

From the time the contract is concluded, as defined in Section IV of these Terms of sale, i.e. when the order confirmation email is sent by COMPANY MIC, the usual delivery time for in-store delivery is one (1) working day.

8.2.2 In Mainland France

From the time the contract is concluded, as defined in Section IV of these Terms of sale, i.e. when the order confirmation email is sent by COMPANY MIC, the usual delivery time in mainland France outside holiday periods (Christmas, New Years, Easter) is two (2) working days (excluding Saturdays, Sundays and holidays).

During the holidays, the delivery time is usually six (6) days after the conclusion of the contract.

8.2.3 Outside Mainland France

From the time the contract is concluded, as defined in Section IV of these Terms of sale, delivery outside mainland France may take, depending on the country, several days or even weeks.

Before placing an order for delivery outside France, Customers are advised to contact COMPANY MIC by email at: contact@madeleinesdupic.com to review delivery options, as well as any customs and timing constraints related to the final destination country.

During the holidays, the delivery time is usually six (6) days after the conclusion of the contract .

In all cases, for deliveries outside mainland France, Customers will be solely responsible for all steps and payment of all charges, taxes and/or customs costs that may be associated with the delivery of the order in the selected country.

COMPANY MIC will not be held responsible for the non-payment of these charges, taxes and/or customs costs owed by the Customer or for the Customer’s failure to take steps to remove such constraints.

8.2.4 Maximum delivery time and force majeure

In all cases, except in cases of force majeure as defined by case law (strikes, natural disasters, etc.), COMPANY MIC is committed to taking all necessary measures to deliver orders to the address specified by the Customer as soon as possible and within a maximum period of nineteen (19) days from the conclusion of the contract, as defined in Section IV of these Terms of sale, i.e. when the order confirmation email is sent by COMPANY MIC.

If the order is not delivered within seven (7) days of the expiry of that period, except in cases of force majeure, Customers have the right to request the cancellation of the sale, by sending a registered letter with acknowledgment of receipt to COMPANY MIC.

8.3 Shipping charges

As stated in Section VI of these Terms of sale, shipping charges, if any, are fully payable by Customers and are calculated at the time of the order.

IX – RECEIPT OF PRODUCTS – VISIBLE DEFECTS – DISPUTES

Upon receipt, Customers must check the condition of the products and compliance with the order.

In the event of loss or damage, Customers shall make all necessary reservations with the carrier and notify COMPANY MIC by email at the following address: contact@madeleinesdupic.com, confirmed by registered letter with acknowledgment of receipt and supporting photograph of the product(s) at issue, within 48 hours of receiving the order.

After this time, the delivery will be deemed in conformity with the contract.

In the event of improper delivery duly challenged, COMPANY MIC agrees, at its sole discretion, to repay or replace at its expense the non-compliant products.

X – RIGHT OF WITHDRAWAL (ABSENCE)

In accordance with Sections L 121-21 and following of the Consumer Code, Customers have a period of fourteen (14) days to exercise their right of withdrawal without giving any reason or having to pay costs other than those provided for in Sections L. 121-21-3 to L. 121-21-5 of the Code.

However, it should be noted that Section L121-21-8 of the Consumer Code states that the withdrawal period may not be exercised on the supply of goods liable to deteriorate or expire rapidly, which is the case of all products sold by MIC COMPANY on its Site.

Therefore, orders placed under these Terms of sale do not qualify for withdrawal, and Customers accept this fact.

XI – GUARANTEES

Pursuant to Section L.211-4 of the Consumer Code, product delivery must be in compliance with the contract and the seller will respond to defects in conformity noted on delivery.

Under Section L211-5 of the Consumer Code:

“To comply with the contract, the product must:

1. Be suitable for the purpose usually expected of a similar good and, where applicable:

– Match the description given by the seller and possess the qualities of the goods which the seller has held out to the buyer as a sample or model;

– Have the qualities that a buyer might reasonably expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2. Or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter accepted. “

When buyers invoke the legal guarantee of compliance, they:

– Benefit from a period of two years from delivery of the product to act;

– Can choose between repair or replacement, subject to the cost conditions provided for in Sections L. 211-9 of the Consumer Code;

– Will be exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

The guarantee of compliance will apply regardless of the commercial guarantee granted.

Buyers may also decide to invoke the guarantee against latent defects of the thing sold within the meaning of Section 1641 of the Civil Code and, in that case, they can choose between the cancellation of the sale or a price reduction in accordance with Section 1644 of the Civil Code.

It should be noted that pursuant to Section 2232 of the Civil Code, the postponement of the start, the suspension or the interruption of the period of prescription shall not have the effect of increasing the period of prescription beyond twenty years from the date the entitlement arises.

XII – PERSONAL DATA

COMPANY MIC undertakes to respect the confidentiality of personal data submitted by Customers on the Site and in their Customer Account and to process such data in compliance with the Data Protection Act of January 6, 1978.

In accordance with the Act, Customers may at any time exercise their right of access, opposition, rectification or cancellation by sending a request (indicating e-mail address, full name, mailing address):

– by e-mail to: contact@madeleinesdupic.com

– by mail to the address indicated in Section 1 of these Terms of sale.

XIII. – APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms of sale are governed by French law.

Under Section L. 152-1 of the Consumer Code, “Consumers have the right to use the services of a consumer ombudsman free of charge for the amicable resolution of the dispute opposing them to a professional.”

Disputes within the scope of Section L. 152-1 of the Consumer Code are disputes as defined in Section L. 151-1 of the Consumer Code, i.e. contractual disputes, bearing on the execution of a contract of sale or provision of services, between a consumer and a professional.

The text covers national disputes and cross-border disputes.

If you have any issues, we invite you to contact us at the address indicated in Section I of these Terms of sale to try to resolve any disputes amicably.

In the year following your request to our services, pursuant to Section R.156-1 of the Consumer Code, you can have your application reviewed by a mediator.

Online sales:

A platform for resolving online disputes is available:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Cross-border disputes:

European Consumer Centre France : www.europe-consommateurs.eu

In all cases, you may, at your expense, be assisted by counsel. Failing amicable resolution, the dispute will be brought before the ordinary courts.

XIV CHANGES

COMPANY MIC products and its website are evolutionary in nature.

Therefore, COMPANY MIC reserves the right to make, at any time, changes deemed necessary and useful to these Terms of sale.

Last changes 11.06.2017