1. LEGAL NOTICE
PATISSERIES PARIS SAINT SULPICE P2S2
CORPORATE NAME PIERRE HERME PARIS
SAS with capital of 38,120 euros
RCS PARIS B 434 851 952
72 Rue Bonaparte 75006 PARIS
If you have any suggestions or wish to obtain information relative to this website, please contact the webmaster at: email@example.com
Host : NBS System 140 Bld Haussmann 75008 Paris
Development and digital strategy : Komilfo 87 rue Baudin 92 300 Levallois-Perret www.komilfo-conseil.com
©/PIERRE HERME PARIS/2011
2.1. The present General Terms and Conditions of Sale (hereinafter referred to as "G.T.C.S.") define the terms and conditions under which any individual or entity ("the Customer") may order or purchase the products—i.e. merchandise listed in the e-sales catalogue—sold online by the company Pierre Hermé Paris ("Pierre Hermé Paris") at www.pierreherme.com ("the Website").
3. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
3.1. The present G.T.C.S. should be read by the Customer before making an order.
3.2. Use of this website by the Customer, i.e. filling in the order form and confirming the order, signifies full and unconditional agreement with the present G.T.C.S., which shall be the only terms and conditions applicable to the following contract.
3.3. Pierre Hermé Paris reserves the right to modify the present G.T.C.S. in part or in full, at any time.
4. CHARACTERISTICS OF THE MERCHANDISE ON OFFER
4.1. The products on offer to the Customer are those listed in the catalogue published on this Website. The offer is limited to available supplies and contingent upon proper website operation.
4.2. Each product is presented accompanied by a photograph and a description written by Pierre Hermé Paris These descriptions, intended to provide the Customer with key product characteristics before the finalization of any order, may not be used as grounds for any liability action against Pierre Hermé Paris in any way whatsoever. The product photographs, provided for informational purposes only, are not contractually binding.
5. ORDER PLACEMENT AND CONFIRMATION
5.1. To order on the Website, a Customer must open an account and enter two user identifiers : an e-mail address and a password selected by the Customer when creating the account. These identifiers are and will be treated in strictest confidence. The Customer may obtain these identifiers by sending a request to the Pierre Hermé Paris Internet Customer Service Department. The reply will be made by e-mail only, to the address associated with the customer account.
5.2. To order, the Customer undertakes to fill out the order form fully, carefully and accurately. In other words, the Customer undertakes to complete the lines required to process the order properly:
- Specify desired product(s)/li>
- Specify invoicing address
- Specify delivery address
- Specify delivery date
- Specify desired mode of payment
- Order validation after verification
- Payment as provided by the terms and conditions
5.3. Pierre Hermé Paris will confirm the order and the payment :
- On the Website, once payment has been made
- By e-mail, to the e-mail address indicated by the Customer
5.4. To modify an Internet order
For any order modifications (billing or delivery adress, delivery date etc.), please contact our Customer Service Department at least two working days before the original delivery date (3 working days if the delivery adress is outside of France.By mail : firstname.lastname@example.org or by phone : 01 45 12 24 02.
About the orders on the same day, any modifications (delivery adress, pick-up time frame or delivery time frame) could be guaranteed, after your order confirmation
Our Customer Service Department can be reached by email or by telephone from Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m.
5.5. Pierre Hermé Paris reserves the right to refuse an order if the Customer fails to fulfill any one of these obligations. More generally, and for any reason whatsoever, it may refuse any order that appears abnormal or incomplete. No order is final until it has been confirmed by Pierre Hermé Paris. Pierre Hermé Paris will confirm its acceptance or non-acceptance of an order within 2 business days starting when the order was entered at the Website.
6. MEANS OF PAYMENT
6.1. Products may be purchased at the Website with Visa, Mastercard or American Express cards via a secure payment system run by the banking institution used by Pierre Hermé Paris. The credit card payment is validated immediately.
6.2. To be registered, the order must be paid in full.
7.1. Purchase orders and invoices are kept on computer, under reasonable security conditions, for Pierre Hermé Paris by its host NBS.
7.2. This is a reliable method of storage by NBS over time of electronic documents that can be retrieved by way of proof.
8. THE RIGHT TO CANCEL A CONTRACT
8.1. The consumer's right to cancel a contract within 7 days does not apply to contracts bearing on the supply of perishable food products like those sold by Pierre Hermé Paris. Therefore, the Customer is not entitled to exercise this right.
8.2. However, if and when it is possible, we will honor a change or cancellation made by the Customer if the package is still in the preparation stage and has not yet been turned over to the carrier for delivery. We determine whether this is possible on a case-by-case basis.
8.3. However, once the package has been turned over the carrier for delivery, it is not possible to honor any change or cancellation. Here, the Customer's account will not be credited with the order amount.
9. SHORTAGE OF SUPPLY
9.1. The supply of products available for online sale is limited. The name of any product that becomes unavailable will be removed from the online sales catalogue as soon as possible.
9.2. If there is a shortage of a particular product, Pierre Hermé Paris will call or e-mail the Customer as soon as possible to find a solution:
- postpone delivery until the product is available again, if and when this is possible
- replace the product with one that is comparable in terms of quality and price
9.3. Pierre Hermé Paris products are made by artisans, which means that the supply is limited Please note : The risk of product unavailability is higher during holiday periods (especially the year-end holidays) than during the rest of the year.
10.1. The prices listed on the purchase order are in euros, inclusive of tax, ex-production lab.
10.2. We charge extra for the packing costs. The packing charge is a flat rate that depends on the season.
10.3. We charge separately for delivery. The rates depend on the final destination, package weight and package volume.
11. PRODUCT DELIVERY
11.1. Deliveries are made to destinations in metropolitan France and the following European countries: Austria, Belgium, Denmark, England, Finland, Germany, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Scotland, Spain, and Sweden, during the hours indicated by the Customer when validating the order.
11.2. The Customer is responsible for the information relative to the recipient's name and address. This information should be precise, accurate and complete (e.g. it should include the door code and the floor) to enable delivery under normal conditions.
11.3. If a package has to be returned because there was an error in the address or it was impossible to make delivery to the address indicated, Pierre Hermé Paris cannot be held responsible in any way.
11.4. If a delivery address is not sufficiently complete or precise, Pierre Hermé Paris reserves the right to call the recipient to obtain the details needed to make delivery, which means that the telephone number has to be correct and the recipient has to be there to answer the phone.
11.5. We do not take orders for delivery to a post office box address.
11.6. If nobody is at home to take delivery and if there is suitable access to the recipient’s post box, the carrier will leave notification instructing the recipient to pick up the package at the post office indicated. Pierre Hermé Paris cannot be held responsible in any way for any deterioration of the products due to any delay in delivery or pick-up.
In case of delivery by courrier, and absence by the recipient, the order will automatically be returned to our boutique. An extra charge will be levied for the cost of having the product returned to our boutique.
11.7. If a delivery is made outside the specified time frame, this does not entitle the Customer to any compensation.
11.8. However, except for the limitations set forth in the present G.T.C.S., when delivery takes place more than 48 working hours late, we will give the customer a credit equivalent to the full amount of his order. No such guarantee will apply during holiday periods (e.g. Christmas, Easter, Valentine's Day, Mother's Day, etc...). Even if an order is delivered late during these busy periods, the Customer will not receive a credit.
11.9. Finally, once the product has been turned over to the carrier and is under its responsibility, if it is not delivered for any other cause relative to Customs, labor strikes or damage or any other cause of force majeure as defined by the French courts, the sale will be null and void, and the Client may obtain a refund for the order amount. The Customer is not eligible for any indemnity or compensation of any sort.
12. COMPLAINTS AND REFUNDS
12.1. The Customer must verify that the contents of the package delivered correspond to his order. We will only process complaints received by us within 48 hours of delivery, given the perishable nature of the products
12.2. Complaints should be sent to:
- Postal mailing address:
108 rue du Petit Leroy
94550 CHEVILLY LARUE
- E-mail address: email@example.com
12.3. Any refund or credit will be made within 21 days. The Customer will be notified by e-mail.
13. PRODUCT GUARANTEE
13.1. Pierre Hermé Paris guarantees that its products are produced and packed following strict quality control rules and stored in compliance with current French standards.
13.2. However, Pierre Hermé Paris cannot warrant the quality of its products if the Customer does not ensure optimal storage conditions or consumes products past the "use by" date indicated on the package.
14. INTELLECTUAL PROPERTY / COPYRIGHT INFORMATION
14.1. All of the elements used on the Website (photographs, illustrations, pictograms, descriptions, logo, trademark) are and remain the exclusive intellectual property of Pierre Hermé Paris.
14.2. None of the elements used for the Website (e.g. software applications, visual components or audio material) may be reproduced, broadcast, exploited, circulated or used in any way whatsoever, either in part or in full, without express prior authorization from Pierre Hermé Paris, which holds all of the copyrights.
15. PROTECTION OF PERSONAL INFORMATION
15.1. When a Customer makes an order on the Website, this signifies that he agrees to allow Pierre Hermé Paris to use his personal information. This information is required to process orders properly.
15.2 All of this information is processed with care and treated in strictest confidence. The file containing this information is declared to the Commission Nationale de l'Informatique et des Libertés (Number 1189169).
15.3. Under the French data protection law of January 6, 1978, you are entitled to access and modify information concerning yourself. To exercise this right and obtain this information, the Customer can contact Pierre Hermé Paris at firstname.lastname@example.org.
We reply to this type of request within one month.
16. INDEPENDENCE OF CLAUSES
16.1. If one of the present terms and conditions is found inapplicable or is invalidated for any reason, this fact will not affect the application or validity of the other provisions contained in the general terms and conditions. A term or condition that has been invalidated or found inapplicable will be replaced by a clause that is as close as possible to it.
17. FORCE MAJEURE
17.1. Neither Pierre Hermé Paris nor the Customer may be held liable for any failure or delay in the performance of any of the contractual obligations set forth in the present G.T.C.S. if said failure or delay is due to a case of force majeure.
17.2. Here, force majeure is taken to mean any external, unforeseeable and irresistible event as defined by Article 1148 of the French Civil Code. The following are expressly considered to be cases of force majeur or cas fortuit, in addition to those generally held to be such under French jurisprudence and by the French courts: Full-scale or partial strikes, lockouts, riots, civil unrest, insurrection, war, severe or unusual weather conditions, epidemics, the interruption of transport or supply for any reason, earthquakes, fires, storms, flooding, water damage, governmental or legal restrictions, legislative or regulatory changes in the business environment computer failures, the interruption of telecommunications including the operation of telecom networks, any change in the basic mathematical principles governing the theory of cryptographic algorithms, used for public key infrastructure and any other case beyond the control of the Parties preventing normal performance of the contract.
18. GOVERNING LAW
18.1. The present terms and conditions are exclusively governed by French law. Any dispute or litigation relative thereto shall fall under the jurisdiction of the Tribunal de Commerce de Paris.