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GTC

General Terms and Conditions

Article 1.

DEFINITIONS AND SCOPE

« Customer(s) » represents the internet user surfing on paindesucre.com and making a purchase online of product(s) for personal purposes.

« Products » represents the products proposed for the online sale in the conditions described below.

« tag » represents a piece of strong paper attached on the product in order to manage the returns.

« Store » or « Online store » represents the website of e-commerce of Pain de sucre accessible by the Internet network at www.store.paindesucre.com proposing products selling.

« terms and conditions » represents the selling terms and conditions of products on the website.

The online  www.store.paindesucre.com  is published by CREATION MEDITERRANEE

For Pain de sucre's account, Onibi SAS company with a capital of 100 000 Euros, having its Head office at 3 rue Milton 75009 Paris, under the RCS number: 509 553 285 has designed and realised the online www.store.paindesucre.com. Onibi is in charge of the operational marketing.

The store hosting is ensured by NBS System SARL with a capital of 203 905 Euros, having its head office at 2 rue Jean Rostand 91400 Orsay FRANCE.

The « Pain de sucre» trade mark is owned by CREATION MEDITERRANEE, SARL stock company  with a capital of 300 000 Euros, represents the two brands Pain de sucre and Suggest, having its Head office at 503 rue Saint Pierre 13000 Marseille France, registered in the Chamber of Commerce and Industry (RCS) in Marseille under the RCS number 326 518 669.

Pain de sucre is the only entity entitled to use the relating intellectual property rights and personal rights, in particular trademarks, design patents, copyrights and rights on image, originally or in accordance with express authorisations.

Use of the Web-Site in whole or in part, in particular by means of downloading, reproduction, transmission or representation for other purposes than personal and private non-commercial use is strictly prohibited.

These terms and conditions, together with any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders submitted by you for products made available by us for purchase over the Web Store.

Please read these Terms carefully.
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.

Article 2.

ACCEPTANCE OF ORDERS

You agree that your order is an offer to purchase the products listed in your order (“Products”) on these Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been despatched to you.

When placing an order for the first time, you will be required to register and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Web Store, such as the My Account section of the Web Store (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times.

You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Web Store without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Web Store.

Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Web Store is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the products.

Pain de sucre has the right to cancel any customers’ order there is a disputation related to a previous order, or for any other recognized reason related to an unusual characteristic of the order

If products are shown on our Web Store but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such products.

You will only be charged for products which have been despatched to you (together with the relevant delivery charges and any card processing charges).

Although we have made all reasonable efforts to correctly display product colours on the Web Store, we cannot guarantee that these will be accurately represented.

The customer can have a monitoring of his order, by mail at [email protected] or by phone at + 33 (0)1 84 16 95 15, Monday to Friday from 10h to 13h and from 14h to 18h30 (excluding public holidays)..

Article 3.

PRICES

All prices on this website are stated in Euro. They include any VAT payable but exclude delivery charges.

We endeavour to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Web Store, we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Web Store, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.

Pain de sucre may vary the prices listed on this website at any time and without any notice.

Article 4.

PAYMENT TERMS

The total cost of your order will be the purchase price for the Products, plus delivery charges.

You confirm that the credit/debit card that is being used is yours. The total amount includes the price of the product and the price of delivery.

The purchase's payment is made by the secure payment solution CM-CIC [email protected] You can pay by Carte Bleu, Mastercard, Visa credit cards or American express.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Pain de sucre is allowed to verify information transmitted by the customers for the payment by asking them to transmit additional documents such as a legal document certifying the identity of the customer and the bank account details. If the customer does not transmit the document asked by Pain de sucre, the order can be cancelled by Pain de sucre without any resort for the customer.

Article 5.

INVOICING

We reserve the right to issue or make available electronic invoices and you agree to such form of invoicing. We recommend to our customers to print and keep the electronic invoices in order to consult them at any time.

Article 6.

DELIVERY, TITLE AND RISK

Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please also note that there are restrictions on the locations to which we deliver products purchased from our Web Store. Details of the locations to which we deliver are available from us on request. See below.

If you have purchased European delivery, your order will be delivered in 7 working days for zone 1 and 2 and 10 working days for zone 3. For these purposes, a working day means any day in which banks are open for business in London, other than Saturdays and Sundays. Where you have purchased our Next Day service, your sole remedy for any failure by us to despatch your order in time for a next working day delivery shall be your right to cancel the relevant order and receive a full refund of the money paid to us in respect of that order.

The owning transfer is realised on the date of delivery of such Products to your nominated address.

Once a Product has been received by you, all risk of damage or loss of the Product shall pass to you.

If there is any apparent anomaly of the parcel (damaged, opened, liquid traces ), the buyer or the person who receive the ordered product does not open the parcel and must return it non-opened in a limited period of 5 working days in a post office and declare the damage to [email protected]. The parcel’s opening deal out any post procedure.

We shall be entitled to deliver the Products in instalments and each instalment shall be deemed to constitute a separate contract and to supply only part of an order.

The online store ensure the order's delivery on the following areas:

Zone 1: France and Corse.

Zone 2: Germany, Latvia, Autria, Lithuania , Belgium, Luxembourg, Bulgaria, Malta, Cyprus, Netherlands, Denmark, Poland, Spain, Portugal, Estonia, Czech Republic, Finland, Romania, United Kingdom, Greece, Slovakia, Hungary, Slovenia, Irlande, Sweden, Italia.

Zone 3: United states of America, Canada.

Delivery costs 8 Euros for zone1 via collissimo, 15 Euros for zone 2 via UPS and 50 € for zone 3 via UPS.

Customers who would deliver outside European Union, support the specific cost for the entrance of the product on the territory. For those customers the final price is VAT excluded.

Article 7.

CANCELLATION AND RETURNS

If for any reason you are unhappy with your purchase, you have a right to cancel orders for certain items purchased from our website within a statutory cooling-off period. This is 28 working days from the day after the date on which the item in question was delivered.

You can choose to exchange the product for another one or to obtain a full refund of the amount you paid for this product (out of delivery charges, credit card treatement fees).

Whichever of the above options you choose please be aware that incomplete, damaged, worn or soiled items will not be refunded or exchanged. Likewise, returne will not be accepted :

-if the tag on the products will not remain attached or,

-if the protective sticker that ensures the hygiene is removed.

If you choose to obtain a refund, we will send you an email to confirm the refund treatment in 14 days from de product receipt.

If you choose to exchange a product for another one, you must pay for the price difference and all delivery fees.

To cancel your order, please provide us with written notice by sending an e-mail at [email protected], in each case within the statutory cooling-off period and giving details of the items ordered, and (where appropriate) their delivery date.
Please return your purchase to us in its original packaging with any related accessories or instruction booklets, and the relevant receipt and despatch note. The refund will be made to the card used when placing your order and will be for the full amount of the goods purchased excluding any delivery charges and card processing charges. We will send you an email to confirm that your refund shall be processed within 14 days, following receipt of your returned product.

Please replace the item securely in its original packing and return it to us with your despatch note at the following address:

Alpha Direct Services Normandie - PAIN DE SUCRE e-commerce - Retours
ZAC Multisite Long Buisson 2
Rue Roland Garros
27930 GUICHAINVILLE
FRANCE

However, please note, that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item in question is damaged or defective.

Each order not received must be declared by the customer in 60 working days from the maximum exceeding time by email at [email protected]. At the email recept wich declare the non received product of your order.

Article 8.

INTELLECTUAL PROPERTY

The "Pain de sucre" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents (“Intellectual Property”), which appear on our Products, Web Store, accessories or packaging, whether registered or not, are and remain the exclusive property of Pain de sucre.

Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

Article 9.

LIMITATIONS OF LIABILITY

Pain de sucre commits itself to ensuring, to the best of its ability, that the information posted on the Web-Site is correct and up-to-date Pain de sucre reserves the right to correct the Web-site's content at any time and without warning. However Pain de sucre cannot guarantee the correctness, precision, thoroughness or completeness of the information available on the Web-Site.

As a result, Pain de sucre cannot be held liable for :

-Any precision, inaccuracy or omission relative to the information provided on its Web-Site,

-Any damage resulting from an incursion by a third party leading to a modification of the information provided on this Web-Site;

-More generally, any damage, direct or indirect, regardless of its cause, origin, nature or consequences, resulting from access to the Web-Site, inability to access to the Web-Site, as well as use of the Web-Site and/or credit given to any information directly or indirectly provided through the Web-Site.

Article 10.

DATA PROTECTION

If you wish to purchase Products on the Web Store you must provide us with the information required by us.

By entering information on the Web Store you represent and warrant that you are using your actual identity; and that all information you provide is true, accurate, current and complete as at the time you provide us with that information.

Pursuant to the data protection act of 6th January 1978, at any moment, you can have access, modify or opposite to the whole personal data in sending a mail and giving your identity information to :

Onibi may deposit " cookies " in the visitor's computer in order to identify them. Visitors may configure its browser to reject cookies. Security measures have been employed to prevent unauthorised access to visitor data, however, we will not be responsible for any breach security or the unauthorised disclosure or use of any such data. Hypertext links to the Web-Site may only be included with prior written Onibi.

Article 11.

AMENDMENTS TO THESE TERMS

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products or Services in question from us.

Article 12.

EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.

Article 13.

GOVERING LAW AND JURISDICTION

These Terms and all transactions relating to this Web Store are governed by French law and you, hereby, submit to the non-exclusive jurisdiction of the French courts.

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