TERMS AND CONDITIONS OF SALE
1. LEGAL NOTICE
PIERRE HERME FRANCE
RCS PARIS B 434 851 952
100 Boulevard Malesherbes 75017 Paris
If you have any suggestions or wish to obtain information relative to this website, please contact the webmaster at: firstname.lastname@example.org
The company ALWAYSDATA, SARL with capital of 5.000 € registered with the RCS of Paris under the number 492 893 490 whose registered office is 91 rue du Faubourg Saint Honore - 75008 Paris.
Conception / Design / Development :
Agence Subskill Digital
69 rue de Chabrol
75010 - Paris
©/PIERRE HERME PARIS/2019
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 TAKING AND CONFIRMATION
5.1. Orders may be placed on the Site either as a "Guest Account'' or by opening a Customer Account by entering two identifiers: an e-mail address and a password. These identifiers are and must be kept confidential. The Customer's right of access to the identifiers may be exercised by simply requesting them from the Pierre Hermé Paris Internet Customer Service Department, which will reply only by e-mail to the address used when the Customer Account was created.
5.2. In order to place an order, the Customer undertakes to fill in the constituent elements of his/her order accurately and thoroughly. In this respect, he/she undertakes to fully complete the various sections necessary for the proper processing of his/her order:
- Choice of product(s)
- Choice of the billing address
- Choice of the delivery address (in the case of a home delivery or a delivery by courier)
- Choice of the delivery date
- Choice of payment method
- Verification and validation of the order and the General Terms and Conditions of Sale
By clicking on the "Pay my order" icon on the site, the customer acknowledges having full legal capacity to commit to the General Terms and Conditions of Sale, which are the only ones applicable to the following contract.
The site is accessible by the customer 24 hours a day, 7 days a week, except in case of maintenance operations. Before the payment of the order, the Customer declares to have taken knowledge and accepted the present G.S.T.
The validation of the order is thus worth acceptance without reserve of the present G.S.T.
- Payment of the order under the conditions provided
5.3. Pierre Hermé Paris shall confirm the order and its payment:
- On the Site, following payment
- By e-mail, to the e-mail address indicated by the Customer
5.4. Modifying an Internet order
For any modification of an order such as:
- Billing address
- Delivery address
- Delivery date or time
- Content of the order
The Customer should contact Customer Service by telephone at the latest:
For Click and Collect / Courier Delivery orders:
The day before 4:00 p.m. of the pickup date or the courier delivery date
No change requests can be considered for D-Day orders.
For Home Shipping orders:
2 business days prior to desired delivery date for domestic deliveries
3 working days for international deliveries
We cannot guarantee that changes can be made after the above mentioned time periods. Furthermore, we cannot guarantee that requests for modifications made by email will be taken into account within the time limit.
In case of modification or cancellation of the order, a credit note for the amount corresponding to the initial order will be sent by e-mail to the Customer. No refund will be possible. The request for modification or cancellation must be made by the customer within the time limits corresponding to his mode of delivery, either Click & Collect, courier delivery or home delivery mentioned above. After this period, no credit note or order modification can be made by the Customer Service.
The Internet Customer Service can be reached at 01 45 12 24 02 from Monday to Saturday from 10am to 1pm and from 2pm to 6pm.
5.5. Pierre Hermé Paris reserves the right to refuse an order in the event that the Customer fails to meet any of his obligations, and more generally to refuse any order that is abnormal or incomplete for any reason whatsoever. The order shall not be final until Pierre Hermé Paris has confirmed it. Pierre Hermé Paris shall confirm acceptance of the order by e-mail or, where applicable, its refusal to accept the order within 48 working hours of the order being placed on the Internet.
6. MEANS OF PAYMENT
6.1. Payment for products shall be made by VISA, MASTERCARD or AMERICAN EXPRESS credit card, online from the Site, via the secure payment system of Pierre Hermé Paris' banking establishment. Payment by credit card shall be validated immediately.
6.2. In order to be registered, the order must be paid for in full. Unpaid orders cannot be processed.
Furthermore, Pierre Hermé Paris reserves the right to suspend any order or delivery in the event of refusal to authorise payment by financial organisations.
7.1. Pierre Hermé Paris, via its hosting company Always Data, shall keep order forms and invoices in its computer system under reasonable security conditions.
7.2. Consequently, Always Data's computerized records constitute a reliable and durable medium that can be produced as proof.
8. RIGHT OF WITHDRAWAL
8.1 In accordance with the legislation in force, the right of withdrawal does not apply to contracts relating to the supply of perishable, food products, such as the products sold by our Site. Also, the Customer cannot take advantage of it.
Products excluded from the 14-day Right of Withdrawal, according to the legislation in force:
(I) goods made according to the specifications of the consumer or clearly personalized: this concerns in particular the orders of pyramids of macaroons, superimposed entremets, rectangular entremets, birthday cakes, cascadines, central feet, pyramids of choux, logs, boxes macaroons;
(II) fresh products, products likely to deteriorate or expire quickly such as macaroons, chocolates, pastries, pastries, dry cakes, cakes, waffles, confectionery, spreads, jams, ice creams and sorbets, drinks;
(III) goods unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
For other products, the Customer has a period of fourteen (14) days from receipt of the product to exercise his/her right of withdrawal from Pierre Hermé Paris, without having to justify his/her reasons or pay any penalty, for the purpose of an exchange (subject to availability) or a refund. If this period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
8.2 The right of withdrawal can be exercised on plain paper or by email. If the request is sent by e-mail, Pierre Hermé Paris shall send the Customer an acknowledgement of receipt.
Products must be returned within fourteen (14) days following notification to Pierre Hermé Paris of the Customer's decision to withdraw, accompanied by the purchase invoice, in their original packaging and in perfect condition so that they can be marketed again in their new state. Damaged, soiled or incomplete products will not be accepted.
Returns must be sent to the following address
Pierre Hermé Paris - Service Client
185 rue de Vaugirard
In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the delivery charges will be reimbursed; the cost of returning the product(s) will be borne by the Customer.
The exchange (subject to availability) or reimbursement shall be made within fourteen (14) days of receipt by Pierre Hermé Paris of the products returned by the Customer in accordance with the terms of this article.
9. OUT-OF-STOCK CONDITION
9.1. Products sold on the Site are offered within the limits of available stocks. A product that has become unavailable will, as soon as possible, be withdrawn from the catalog of products available for distance selling.
9.2 However, if a product is out of stock, Pierre Hermé Paris shall contact the Customer by telephone or e-mail as soon as possible in order to agree with the Customer to postpone delivery until the product is restocked, where possible, or to offer the Customer a replacement product equivalent in quality and price, or, if the replacement is not possible, a refund of the missing product.
Homme shipping orders are prepared on the morning of shipment to ensure the freshness of the products. If a product is out of stock, the customer service department will contact the customer on the morning of shipping. To be able to honor the planned shipping date, the customer will have to make a return on the desired replacement product before 12:00 pm, otherwise the shipment of the order will be automatically postponed to the next day.
9.3. Pierre Hermé Paris products are made by hand and are available in limited quantities. For all intents and purposes, it is important to note that orders placed during holiday periods (particularly the end of the year) may entail a greater risk of stock-outs than orders placed during other periods of the year.
9.4. Due to the specific origins of our ingredients, there is a possibility of shortage due to a lack of raw materials, often because of climatic hazards.
10.1. The prices indicated on the order forms and invoices are in Euros and include VAT.
The VAT included is the French VAT applicable on the day of the order. If the VAT rate is modified, these changes could be reflected in the price of the articles without the Customer being informed in advance.
However, the prices cannot be modified once the order is confirmed.
Shipping costs include the cost of quality packaging provided by Pierre Hermé Paris.
10.2. Delivery costs are invoiced in addition to the price of the goods. Delivery rates depend on the delivery method chosen (home delivery or delivery by courier), as well as the geographical area, weight and volume of the package.
11. DELIVERY OF THE PRODUCTS
11.1 HOME SHIPPING
11.1.1 Home shipping is made in Metropolitan France and in the following European countries: Austria, Belgium, Denmark, Finland, Germany, Ireland, Italy, Luxembourg, Netherlands, Portugal, Scotland, Spain, Sweden, within the time limits indicated when the Customer places the order by Chronopost. Neither the DOM TOM nor the following islands: Ile d'Aix, Ile de Brehat, Ile d'Ouessant, Ile de Batz, Ile Molène, Ile de Sein, Le Palais, Groix, Ile aux Moines, Ile d'Arz, Ile d'Yeu and Porquerolles are not, to date, available for home delivery.
In metropolitan France, the time between the validation of the order and its delivery varies from 24 to 48 hours (excluding weekends and holidays).
For Corsica, the islands of the coast not connected by road (except for the exceptions mentioned in the list above), Monaco and European countries, the delivery time varies from 48 to 72 hours.
You have the possibility to choose the desired delivery date from Tuesday to Saturday.
Orders received, after acceptance of payment by the credit card center, are prepared and shipped within 24 hours for orders placed from Monday to Friday before 5am and the next day for orders placed after 5am (except on weekends and public holidays). Orders placed on Friday after 5am, Saturday and Sunday are shipped as soon as possible on the following Monday and Tuesday (except holidays).
During the holiday season, delivery times may be extended. It is therefore advisable to anticipate your orders during these periods.
Geographic zone and rates:
|Deadline to order online
|Zone 0 : Metropolitan France (Monaco included - Excluding Corsica)
|Tuesday to Saturday
|D-1 before noon
|Combine order: two different mandatory deliveries* for Zone 0 : Metropolitan France (Monaco included - Excluding Corsica)
|Tuesday to Saturday
|D-1 before noon
|Tuesday to Friday
|D-2 before noon
|Zone 1 : Belgium and Luxembourg
|Tuesday to Friday
|D-2 before noon
|Zone 2: Germany, Spain, Italy, England**, Scotland**, Netherlands
|Wednesday to Friday
|D-2 before noon
|Zone 3 : Portugal, Ireland, Finland, Austria, Sweden, Denmark, Switzerland***
|Wednesday to Friday
|D-2 before noon
Shipping is free for all orders over 75€ (excluding shipping) to Metropolitan France (including Monaco). This offer is not available for international deliveries or deliveries to Corsica. Pierre Hermé Paris® reserves the right to modify or cancel this offer at any time.
* If your order includes both a Nomades entremets and one or more fresh products (Macarons, Chocolates, Cakes...), it will be sent via 2 different deliveries to ensure that the cold chain is respected. Price per delivery: 11,90€ for a total of 23,80€. One of the two deliveries is offered to you from 75€ of purchase.
** For orders to destinations in the United Kingdom, the customer must pay various taxes and/or customs fees. These various taxes and fees are the responsibility of the customer and cannot be charged to Maison Pierre Hermé Paris.
*** For orders to Switzerland, the customer must pay various taxes and/or customs fees. The amount of these taxes and/or customs duties varies greatly and is broken down as follows: VAT on the value of the goods (including shipping costs), customs duties on the gross weight, potential additional costs depending on the nature of the products... These various taxes and fees are the responsibility of the customer and cannot be charged to Pierre Hermé Paris.
11.1.2 DELIVERY TIMES
In metropolitan France, our carrier makes deliveries between 8:00 a.m. and 1:00 p.m. (except inbusy periods and exceptional cases where deliveries may be made up to 8:00 p.m.).
Internationally, deliveries are made between 9am and 6pm.
IMPORTANT: During busy periods (Christmas, Valentine's Day, Mother's Day, ...), our carrier may experience delays in delivery, as well as in case of bad weather or disruptions in transport and traffic conditions.
To follow the status of your delivery, we invite you to consult directly the site of our carrier (www.chronopost.fr) with the shipment number that was given to you by e-mail at the time of shipment of your package.
11.1.3 DELIVERY INFORMATION AND ADDRESSES
126.96.36.199 The Customer is responsible for the information relating to the name and address of the recipient. This information must be precise, accurate and complete (in particular, door code and floor) to enable delivery under normal conditions.
188.8.131.52 Pierre Hermé Paris may not under any circumstances be held liable for a return delivery due to an address error or to the impossibility of delivering to the address indicated.
184.108.40.206 In the event that a delivery address is incomplete or imprecise, Pierre Hermé Paris reserves the right to contact the recipient directly by telephone in order to complete the missing delivery information with the recipient, provided that the telephone number is not incorrect and the recipient is available. If this is the case, the recipient will be charged a delivery fee. If the deliverer is unable to contact the customer, the customer will not be entitled to a refund of the delivery costs.
220.127.116.11 Orders indicating a P.O. Box address cannot be considered and processed.
18.104.22.168. In the event of absence of the recipient or of a person able to take possession of the products at the time of delivery, and insofar as he has access to the recipient's mailbox, the carrier will contact the recipient to reschedule a second and final attempt.
In the event of a returned package, Pierre Hermé Paris will proceed to destroy the food products and no refund or request for replacement may be made by the customer.
Under no circumstances shall Pierre Hermé Paris be held liable for any deterioration in the products due to their late collection from the carrier.
22.214.171.124 Subject to the limitations set out in these G.S.C., if the delivery is delayed by more than 96 working hours or if the delay results in the products delivered having a use-by date of at least two days, Pierre Hermé Paris shall redeliver the products to the customer and replace those that are no longer consumable. The delivery will be rescheduled in agreement with the customer as soon as possible. If the customer does not wish to have the products replaced, a refund will be made.
126.96.36.199 Finally, if the product, under the responsibility of the carrier, has not been delivered, for any other reason related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may then be resolved and the Customer may obtain restitution of its price to the exclusion of any other compensation or damages.
11.2 CLICK AND COLLECT
In the case of a click & collect order, the Customer undertakes to come and pick up his/her order at the Pierre Hermé Paris Boutique on the day and at the time of his/her choosing.
As the products are perishable, Pierre Hermé Paris shall not be able to keep an order that has been forgotten by the Customer. No reimbursement shall be made for any forgotten order.
The Customer is responsible for ensuring that his/her order is in order at the time of collection.
The possibility of click & collect in 2 hours only applies to the following products: boxes of macarons, boxes of chocolates, chocolate snacking, chocolate bars, cakes, brioches, teas and jams. The click & collect in 2 hours doesn't apply for al our Pastries.
11.3 COURIER DELIVERY
The Courier Delivery Service is available from 35 euros purchase. For a delivery by courier, the recipient is responsible for the information given, in particular the door code and floor as well as the telephone number. If the courier is unable to contact the customer, the customer will not be entitled to a refund of the delivery charges.
The recipient of the race will automatically receive a 1st sms 24 hours before the delivery then a 2nd sms the D-day. Also if your order is a gift and you want to make a surprise, thank you to specify another phone number than the recipient in the form of delivery details.
Please note that the recipient will not be informed of the arrival of the delivery and Pierre Hermé Paris will not be held responsible.
In the case of a delivery by courier, if the recipient is absent or unable to contact him/her, the products will be returned to the nearest store and will not be presented again. As the products are perishable, Pierre Hermé Paris will not be able to keep the order and will proceed to destroy the food products.
No refund or replacement request may be made by the customer. Any order not received will not be reimbursed under any circumstances.
In the case of a delivery, the Customer is required to ensure the conformity of his order. If the order is not in conformity, an e-mail must be sent to the customer service within 48 hours with a photo of the point of contention.
11.3.1 In the case of an order in delivery courier, the Customer commits himself to go up all problems in his delivery within 48 hours to be delivered again or to obtain a credit note. In no case the customer would be reimbursed for his order if he is offered a redelivery solution or a credit note. In addition, any request for a refund must be supported by a photo attesting to the reassembled item.
11.3.2 Delivery by courier is made within a theoretical two-hour window chosen by the customer. The courier reserves the right, in the event of strikes or exceptional days (Christmas & New Year's Day) to deliver within a 3-hour window. The client must remain reachable by phone.
Under no circumstances shall Pierre Hermé Paris be held responsible for any deterioration of the products due to their late collection from the carrier. Exceeding the delivery deadline shall not give rise to any damages or interest. Delivery times cannot be guaranteed during holiday periods such as Christmas, Easter, Valentine's Day, Mother's Day, etc. During these periods, only orders that are more than two hours late beyond the initial delivery time may give rise to a credit note, provided that the delay is attributable to Pierre Hermé.
Pierre Hermé Paris reserves the right to advise against sending certain delicate products during periods of high heat.
Delivery rates by courier: The Courier Delivery Service is available from 35 euros purchase.
From Monday to Saturday:
Zone 1 (Paris) 18 € incl. VAT // Zone 2 (92-93-94) 37€ incl. VAT // Zone 3 (77-78-91-95) 68 € incl. VAT
Sunday and Bank Holidays:
Zone 1 (Paris) 35 €incl. VAT // Zone 2 (92-93-94) 74€ incl. VAT // Zone 3 (77-78-91-95) 137 € incl. VAT
12. TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
Pierre Hermé Paris insures the merchandise up to the point of delivery. The transport risk is borne by the purchaser. It is the responsibility of the recipient to check shipments upon arrival and to make any reservations that may appear justified, or even to refuse the package if it is likely to have been opened or if it bears signs of deterioration.
Finally, if the product, under the responsibility of the courier, has not been delivered, for any other cause related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may then be resolved and the Customer may obtain restitution of its price to the exclusion of any other compensation or damages.
13. CLAIMS AND REFUNDS
13.1. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the one who takes the trouble to expose the dispute. The Customer must ensure the conformity of his order upon delivery. Any complaint will have, to be taken into account, to intervene in the 48 hours following the reception of the products. The presentation of the receipt or the confirmation of the internet order is mandatory for any claim. No commercial gesture or refund will be possible without the presentation of the said receipt. Additional elements may be requested from the customer in the context of his complaint, in particular: order number, photos...
13.2. Complaints should be addressed :
By post, to the address below:
Pierre Hermé Paris
185 rue de Vaugirard
By e-mail, to the address email@example.com
13.3 In the event of a dispute for which Pierre Hermé Paris is responsible and which warrants a credit note or the refund of all or part of the order, the Customer will receive notification by e-mail within 21 days of the claim.
If Pierre Hermé Paris accepts the claim, a credit note or refund will be offered to the Customer.
13.4 The Maison Pierre Hermé Paris does its utmost to ensure that refund request are processed within fourteen (14) working days from the date on which the claim is processed by our Customer Service Department.
- For a refund request by phone: the 14 working days period begins on the day the call is made by the customer.
- For a refund request by email: the fourteen working days period begins on the day the customer receives the email confirming that the request has been processed by our Customer Service.
Orders made in the shop or via Customer Service:
- For a refund request by phone: the refund is made immediately.
- For a refund request by email: an email confirming the refund request is sent by the Customer Service. This email is then followed by a call back to the customer from the Customer Service in order to proceed to an immediate refund by phone.
14. PRODUCT GUARANTEE
14.1 Pierre Hermé Paris guarantees the Customer that the products are manufactured and packaged in accordance with strict quality rules and kept in accordance with the standards in force in France.
14.2. However, Pierre Hermé Paris shall not extend its warranty on its products if the Customer has not observed optimum storage conditions or if the Customer has consumed products beyond the expiration date indicated on the packaging.
15. INTELLECTUAL PROPERTY
15.1. The structure, layout, graphic charter, texts, database, images, photos, sounds, videos and any other element making up the Site are and remain the exclusive intellectual property of Pierre Hermé Paris and are protected by copyright. The trademarks, trade names and logos appearing on this Site are registered trademarks unless otherwise stated.
15.2. The reproduction, representation, exploitation, redistribution or use in any capacity whatsoever, even in part, of the elements of the Site, whether software, visual or sound, are subject to the express prior authorisation of Pierre Hermé Paris, which holds all intellectual property rights.
Under no circumstances may the customer resell the products, which are intended for his/her personal use or that of the person to whom the order was addressed. Any total or partial reproduction, modification or use of the products or their images for any reason whatsoever is strictly prohibited.
16. PROTECTION OF PERSONAL DATA
In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended, and with the General Regulation on the Protection of Personal Data (hereinafter referred to as the "RGPD") no. 2016/679/EU of 27 April 2016, Pierre Hermé Paris, in its capacity as data controller, guarantees respect for the privacy of Site Users.
16.1 By ordering via the Site, the Customer consents to the use by Pierre Hermé Paris of personal data concerning him/her. This data is necessary to ensure the proper processing of orders.
16.2. All of this information is treated with the utmost rigour and discretion. The file containing this information has been declared to the Commission Nationale de l'Informatique et des Libertés (number 1189169).
Pierre Hermé Paris undertakes not to divulge to third parties the information communicated by the customer on the Site. This information is confidential. It will only be used to process the order and to reinforce and personalize communication, in particular by sending the Pierre Hermé Group newsletter.
16.3. In accordance with Articles 39 and 40 of the "Data Processing and Civil Liberties" law of 6 January 1978, the Customer has the right to access, rectify and delete data concerning him/her. In order to exercise this right and obtain information, the Customer may contact Pierre Hermé Paris at firstname.lastname@example.org.
Requests shall be processed within a maximum period of one month.
17. INDEPENDENCE OF CLAUSES
If one of these general terms and conditions is declared inapplicable or is invalidated for any reason whatsoever, such invalidity shall not affect the application or validity of the other provisions of the general terms and conditions, with the invalidated or inapplicable provision then being replaced by the closest possible provision.
18. FORCE MAJEURE
18.1. Neither Pierre Hermé Paris nor the Customer shall be held liable for any non-performance, non-execution or delay in the performance of any of its obligations described in these GTCs that is due to a case of force majeure.
18.2. In this respect, force majeure shall mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code. The following are expressly considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, employer strikes, riots, civil unrest, insurrections, wars, bad weather, epidemics, blockages of means of transport or supply, etc.computer breakdowns, telecommunications blockages, including telecommunications networks, any challenge to the mathematical foundations governing the theory of cryptographic algorithms used for public key infrastructures, and any other event beyond the control of the Parties that prevents the normal performance of the contract.
19. APPLICABLE LAW
The present general conditions are governed exclusively by French law. The Commercial Court of Paris shall have exclusive jurisdiction over any dispute or difference concerning them.
The present general conditions are governed exclusively by French law. The language of this contract is French. In case of translation, only the French version is authentic.
Any dispute shall be referred to the Commercial Court of Paris once all amicable means have been exhausted.
Pierre Hermé Paris shall not be held liable in the event of non-compliance with the regulations of a foreign country where the products marketed on this site are delivered.