ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by DPF ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the www.pretagarnir.com website.
The Products offered for sale are mainly ready-to-fill products based mainly on puff pastry, shortbread or choux pastry.
The General Terms and Conditions of Sale notably specify the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products are presented on the website www.pretagarnir.com. The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.pretagarnir.com are not contractual and do not engage the responsibility of the Vendor. As such, given the particularity of certain Products sold as "ready-to-fill", some illustrations show finished or filled products. These products are suggestions for presentation and are in no way offered for sale.
The Customer is required to refer to the description of each Product in order to know the essential properties and particularities of each Product.
Product offers are subject to stock availability.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the website www.pretagarnir.com and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The validation of the order by the Customer is tantamount to acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website www.pretagarnir.com.
ARTICLE 2 - Orders
It is up to the Customer to select on the www.pretagarnir.com website the Products he wishes to order, according to the following terms and conditions:
To place an order, the Customer follows the various stages of the order process on the site, namely the selection of the Product(s) chosen by the "my basket" section, Customer identification by the "contact details" section, the creation of a "Customer account" on the site if the Customer does not already have an account, the payment methods by the "payment" section and the finalisation of the order by the "confirmation" section.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale shall not be considered final until the Customer has received confirmation of acceptance of the order by the Seller by e-mail.
The registration of an order on the Vendor's site is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
Any order placed on the www.pretagarnir.com website constitutes the formation of a contract concluded at a distance between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer will be able to follow the progress of his order on the website www.pretagarnir.com.
The Seller does not intend to sell the Products on the consumer area of the www.pretagarnir.com website to professionals, but only to consumers or non-professionals, for their personal needs.
ARTICLE 3 - Tariffs
The Products are supplied at the prices in force appearing on the website www.pretagarnir.com, at the time of the order registration by the Vendor. The prices are expressed in Euros including all taxes.
The prices take into account any reductions that may be granted by the Seller on the website www.pretagarnir.com.
These prices are firm and non-revisable, as indicated on the website www.pretagarnir.com, the Seller reserves the right to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website www.pretagarnir.com and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is established by the Seller and given to the Customer upon delivery of the order.
ARTICLE 4 - Terms of payment
Late payment shall result in all sums owed by the Customer becoming immediately due and payable, without prejudice to any other action that the Seller may be entitled to take against the Customer in this respect.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel the delivery of orders in progress made by the Customer.
The accepted means of payment are those mentioned on the site.
No additional costs, in excess of the costs incurred by the Seller for the use of a means of payment may be charged to the Customer.
The Customer's credit card information benefits from the SSL encryption process. This information is sent directly to the Bank of the company DPF, it does not transit and is therefore not stored on the servers of the company DPF.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered on the territory of the European Union (excluding the UK) within the delivery time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer when ordering on the website www.pretagarnir.com.
Delivery is the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the above-mentioned time limits. However, these deadlines are communicated for information purposes only. If the Products ordered have not been delivered within thirty days of the conclusion of the contract, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a special request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Seller, the related costs shall be subject to a specific additional invoice, based on a quotation previously accepted in writing by the Customer.
Except in the case of the legal guarantee of conformity dealt with in article 8 below, the Customer must check the conformity of the goods delivered or collected before signing any delivery document. In the event of an anomaly being noted, the Customer shall indicate his reservations directly on the delivery document, followed by his signature. In the event of a serious anomaly (torn packaging, opened, missing or damaged products...), the Customer will refuse the package and will specify on the delivery document the reasons for his refusal. This verification is considered to have been carried out as soon as the Customer, or any person authorised to receive the package on his behalf, has signed the delivery document. The Customer must also confirm the reservations to Customer Service (at the address mentioned in the "Customer Service" section) within three working days of receiving the item(s). If the Customer has not had the opportunity to effectively check the good condition of the package, he has a period of ten days following receipt to notify his reservations.
Any claim made outside these deadlines will not be accepted.
The Vendor undertakes to refund or exchange Products that do not conform to the Customer's order. To do so, the Customer shall send in writing (e-mail to firstname.lastname@example.org or registered letter with acknowledgement of receipt to Customer Service) within fifteen days of delivery or withdrawal of the Product(s), any claim relating to the non-conformity of a Product in relation to its order and shall specify on this occasion its choice between reimbursement or exchange.
In all cases referred to in this article 5, the return of Products can only be accepted for complete Products, in their original state (original packaging, instructions, accessories, etc.). In these same cases, the return costs will be reimbursed by the Seller.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Customer shall only take place once the Customer has paid the price in full, regardless of the delivery date of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
ARTICLE 7 - Right of Withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of notification to the Vendor of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, manuals ...) allowing them to be put back on the market in new condition.
Damaged, soiled or incomplete Products are not taken back. The Customer may be held liable by the Seller in the event of depreciation of the good resulting from handling other than that necessary to establish its nature, characteristics and proper operation. In order to establish the nature, characteristics and proper functioning of the goods, the Customer must only handle and inspect them in a manner that would also be permitted in a store. The Customer must handle and inspect the item, during the withdrawal period, with all necessary care.
The right of withdrawal may be exercised by any means and in particular online, using the withdrawal form available on the www.pretagarnir.com website, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or by post using the withdrawal form annexed hereto.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the return costs shall remain the responsibility of the Customer. Reimbursement shall be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to reimbursement by another means of payment.
Reimbursement shall be made within fourteen days of receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this Article or of the Customer's provision of proof of shipment of the Products.
In accordance with the legal provisions in force, the right of withdrawal may not be exercised in the following cases:
. Provision of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the Customer and express renunciation of his right of withdrawal ;
. Goods or services whose price depends on fluctuations on the financial market which are outside the trader's control and which may occur during the withdrawal period ;
. Supply of goods made to the Customer's specifications or clearly personalised ;
. Supply of goods likely to deteriorate or expire rapidly ;
. Supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection ;
. Supply of goods which, after delivery and by their nature, are inseparably mixed with other items ;
. Supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the Seller's control ;
. Supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery ;
. Supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications.
ARTICLE 8 - Liability of the Seller - Warranty
The Products sold on the www.pretagarnir.com website comply with the regulations in force in France and have performances that are compatible with non-professional use.
The Products supplied by the Seller shall benefit as of right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- the legal guarantee of conformity for Products that are apparently defective, damaged or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
The Seller shall remain liable for any lack of conformity of the goods to the contract under the conditions provided for in articles L.217-4 et seq. of the Consumer Code and for any hidden defects of the goods sold under the conditions provided for in articles 1641 et seq. of the Civil Code.
When the Customer acts within the framework of the legal guarantee of conformity :
- The Customer has a period of two years from the delivery of the good to act:
- The Customer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
- The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
You may decide to implement the guarantee against hidden defects of the thing sold in the sense of Article 1641 of the Civil Code. In this case, you can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In order to assert its rights, the Customer must inform the Seller of the non-conformity of the Products or the existence of hidden defects within the aforementioned deadlines and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
In accordance with the laws in force, the Seller will reimburse, replace or repair Products or parts under warranty that are deemed to be non-compliant or defective.
Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible after the Seller has established the lack of conformity or latent defect.
Reimbursement will be made by bank transfer to the order of the Customer.
The Seller shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.
ARTICLE 9 - Data Processing and Liberties
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for processing his order and for the preparation of invoices, in particular.
These data may be communicated to the Vendor's possible partners in charge of the execution, processing, management and payment of orders.
The processing of information communicated via the www.pretagarnir.com website complies with the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of processing with regard to the information concerning him/her. These rights may be exercised by proving his identity to the company DPF at the following e-mail address: email@example.com or by post to Société DPF, Z.I. De La Rouge Porte, B.P. 153, 59433 Halluin.
ARTICLE 10 - Intellectual Property
The content of the website www.pretagarnir.com is the property of the Vendor and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
In addition, the Seller shall remain the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc. made (even at the Customer's request) for the purpose of providing the Services to the Customer. The Customer therefore refrains from reproducing or exploiting said studies, drawings, models, models and prototypes, etc., in any way whatsoever.
ARTICLE 11 - Force majeure
The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
The Party ascertaining the event shall immediately inform the other Party of its inability to perform and justify its inability to perform to the latter. The suspension of obligations may in no case be a cause for liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
Performance of the obligation shall be suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented from doing so shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive, the present contract shall be purely and simply terminated within ten days following the sending by the Party prevented to the other of a registered letter with acknowledgement of receipt notifying the said termination.
ARTICLE 12 - Applicable law - Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 13 - Customer Service
The Customer is invited to contact the Vendor at the following address and phone number:
. By mail at : firstname.lastname@example.org ;
. By post to : Société DPF, Z.I. De La Rouge Porte, B.P. 153, 59433 Halluin;
. By phone at : 03.20.23.04.44
ARTICLE 14 - Disputes
All disputes to which the purchase and sale operations concluded in application of these General Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Seller and the Customer shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sector-based mediation bodies, whose references can be found on the www.pretagarnir.com website, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 15 - Pre-contractual information - Acceptance by the Customer
The fact that a natural person orders on the www.pretagarnir.com website implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.
ANNEX I - Provisions relating to statutory guarantees
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
- Be fit for the use normally expected of a similar good and, where appropriate: correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model present the qualities which a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
Where the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of movable property, to carry out a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the period of the warranty remaining to run. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
ANNEX II - Withdrawal form
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.pretagarnir.com, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
For the attention of:
Société DPF, Z.I. De La Rouge Porte, B.P. 153, 59433 Halluin
- Order of the :…………………………………………………
- Order number :...........................................................
- Client's name :...........................................................................
- Customer's address :.......................................................................