1 – Application
These general terms of sale (hereinafter the “T&Cs”) govern the relationship between MAISON ARNAUD LARHER SARL, a limited liability company registered in Paris, France under no. 491 498 556; registered address: 53 rue Caulaincourt, 75018 Paris, France (hereinafter “the Seller”) and any person (hereinafter “the Client”) wishing to order and to purchase the goods offered on the www.maisonlarher.pf11.wpserveur.net web site (hereinafter “the Web Site”).
These T&Cs are available at all times on the Web Site in order to enable the Client to get acquainted with them prior to ordering and purchasing the goods on offer. By placing an order, the Client acknowledges having read and accepted the T&Cs without reservations.
These T&Cs, combined with all the other rules and regulations to which they refer, shall apply to all of orders and sales of the products sold on the Web Site.
The Seller shall be entitled to adapt and to modify these T&Cs at any moment in time. The new T&Cs shall be published on the Web Site and shall apply to any order that is placed subsequent to their publication on the Web Site.
2 – Characteristics of the products
The products are offered to the Client subject to availability and subject to the proper operation of the Web Site.
The photographs of the products are provided for information purposes only and are not in any way contractually binding. The descriptions are designed to inform the Client about the key characteristics of the products; for more information the Client is advised to contact the Customer Service department by telephone on +33 (0)1 42 57 68 08 or by electronic mail at email@example.com
3 – Procédures et modalités de commande
The Seller only accepts orders that are placed for personal purposes; no order may be placed for purposes of resale or processing without first securing the Seller’s express authorisation.
The Client undertakes to fill in the order form fully and accurately.
The ordering process is as follows:
– The Client selects products and places them in his shopping basket
– The Client reads and accepts the T&Cs
– The Client confirms the contents of his shopping basket
– The Client logs into his existing client account or registers to create a new client account
Where applicable: The Client keys in his requisite personal information: first name, family name, billing address and/or delivery address, e-mail address, telephone number, chosen password
– The Client keys in the billing and/or delivery addresses for the order
– The Client confirms the delivery costs, if any
– The Client specifies whether he prefers to pick up the order or have the goods delivered
– The Client pays for his order in keeping with the agreed terms
The order and its payment are then confirmed by the Seller:
– On the Web Site pursuant to the payment
– By electronic mail sent to the e-mail address provided by the Client
Should the Client wish to modify an order, the Client should contact the Customer Service department by telephone on +33 (0)1 42 57 68 08 or by electronic mail sent to firstname.lastname@example.org at least 2 working days prior to the scheduled pick-up or delivery date.
The Customer Service department can be contacted Tuesday to Friday from 10am to 6pm.
The Seller shall be entitled to cancel any order placed by a Client with whom there is a dispute concerning the payment of a previous order or whom the Seller believes might present any kind of risk. The Client shall be responsible for the information that he shall have provided upon placing the order. The Seller shall not be liable for any typing or input errors and shall not under any circumstance bear the costs generated by such errors.
4 – Price
The prices mentioned on the Web Site are quoted in euros including tax and excluding delivery costs from the premise of Arnaud Larher Paris 18e. They include VAT at the prevailing rate in France on the date of the order.
The prices posted on the Web Site may be modified at any moment in time, in which case the new prices shall immediately be posted on the Web Site. The new prices shall apply to any order that is placed subsequent to being posted online.
The dispatching and delivery of the goods shall give rise to additional costs depending on the destination of the goods. The rates chargeable shall be as follows:
The rates applicable are available on request over the telephone on +33 (0)1 42 57 68 08 or by electronic mail at email@example.com
Mainland France: € 13.00 including tax
Corsica and European countries: € 20.00 including tax
A list of the delivery destinations covered is shown in article 8 “Delivery terms”.
Certain products cannot be delivered, for instance macaroons and desserts that are too fragile to be delivered but can be picked up from one of our 3 boutiques listed below * at no delivery cost.
5 – Payment
Payment must be made online via the Web Site with a VISA or MASTERCARD bank card, using the secure payment solution offered by BNP Paribas.
Depending on the type of card used, the Client must input his card number, the expiry date as well as the security code (the last 3 figures at the back of his bank card) and then confirm this data. The Client undertakes to only use his own bank cards. The Seller shall not be liable for any fraudulent use. All holders of bank cards are subject to a validation and authorisation check performed by the card issuer. If the card issuer refuses to authorise the payment, the order placed by the Client shall not be accepted. In that case, the Seller shall not be responsible for any delay or refusal to fulfil the order. The Seller shall not be liable for the costs charged by the card issuer in connection with the payment for the order by bank card.
In order to be registered on the Seller’s systems, the order must be paid for outright. Any order that is not paid for shall not be fulfilled.
The goods shall remain the property of the Seller until receipt of full payment by the Seller.
6 – Timescale for withdrawing
The statutory 7-day timescale for withdrawing does not apply to contracts for the supply of perishable and food products such as the products offered by the Seller. The Client may not therefore invoke it.
However the Client may be able to change or cancel his order if the latter is in the process of being prepared or has not yet been prepared. This possibility shall be assessed on a case-by-case basis. In case of cancellation, the client shall be refunded by a cheque sent to the address provided by the Client.
No change or cancellation shall be countenanced once the goods shall have been handed over to the carrier. The moneys paid shall not be refunded.
7 – Availability of the products
The products sold on the Web Site are offered subject to availability. Under exceptional circumstances, a product that is presented as available may turn out to be unavailable after the order has been confirmed.
In case of stock outage, the Seller shall contact the Client by electronic mail or by telephone as soon as possible in order to arrange with him:
– The deferral of the order until the date on which the product is resupplied, if at all possible
– The replacement of the missing product by another of equivalent quality and price
The Seller’s products are hand-made and are available in limited quantities. Given the high level of demand during festive periods, any orders placed during these periods may be subject to greater risks of stock outage relative to those placed during the rest of the year.
8 – Delivery terms :
DELIVERY BY POST:
Deliveries are handled by the French Postal Authority’s Colissimo service in mainland France and in the following European countries: Germany, Great Britain, Belgium, Luxembourg, Monaco, The Netherlands, Spain, Portugal, Switzerland.
The Seller does not deliver to the French Overseas Territories and Dominions.
The delivery lead time for parcels is 3 to 5 working days following the date of placing the order. Any order sent on a Friday shall arrive at the earliest on the following Monday. Goods are dispatched from Tuesday to Friday.
The Client undertakes to provide accurate, correct and comprehensive information in order to facilitate the delivery of his order. The Seller shall be entitled to contact the Client by telephone in case of an incomplete or inaccurate address in order to complete the information in question with the Seller, should the telephone number itself not be incorrect and should the client be available. The Seller hereby disclaims liability for the impossibility to deliver an order owing to an error in the recipient’s contact details. The Client shall be billed extra costs for the re-routing of the parcel to another recipient or to a new delivery address.
Should the recipient be absent and should there not be anyone at hand who is able to take possession of the package upon delivery, then should it be possible to access the recipient’s letterbox, the carrier shall leave an attempted delivery note calling upon the intended recipient to visit his nearest post office to retrieve his parcel. The parcel shall only be kept at the post office for 14 days. Once this period shall have elapsed, it shall be destroyed.
The Seller shall not be liable under any circumstance for a deterioration of the goods owing to their late withdrawal by the recipient.
Any overrun of the delivery timescale cannot give rise to a claim for damages.
Should the goods entrusted to the carrier not be delivered for any other reason linked to customs restrictions, strikes, damage or any other cause of force majeure as defined by the courts, the sale may be rescinded and the Client may get his money back, to the exclusion of any other compensation or damages.
The Seller shall not be liable for any failure to comply with the laws of the destination country of the parcels. It is up to the Client to check with the local authorities the possibilities of importing and using the products that are available on the Web Site.
The Client is hereby notified that in the case of distant destinations abroad (delivery timescale of between 3 to 10 days) the goods shall transit better during the cold periods of the year.
PICK-UP IN STORE:
The Client undertakes to come and retrieve his order on the date stated upon the placing of his order. Any order that is left unclaimed by a Client may only be kept for up to 48 hours owing to the perishable nature of the products. Any order that is left unclaimed shall not be refunded under any circumstance, and the Seller hereby disclaims liability for the spoilage of an order owing to its late withdrawal.
The products shall be available for collection by the Client in the following stores and at the times mentioned below:
53 rue Caulaincourt, 75018 Paris, France – Tel: +33 (0)1 42 57 68 08
Open Tuesday to Saturday from 10am to 7:30pm and Sunday from 10am to 1pm
57 rue Damrémont, 75018 Paris, France – Tel: +33 (0)1 42 55 57 97
Open Tuesday from 3:30pm to 7pm, Wednesday to Saturday from 9:30am to 1pm and from 3:30pm to 7:30pm, and Sunday from 10am to 1pm
Rue de Seine store:
93 rue de Seine, 75006 Paris, France – Tel: +33 (0)1 43 29 38 15
Open Tuesday from 2pm to 7:30pm, Wednesday to Thursday from 10am to 7:30pm and Sunday from 10am to 7pm
These locations and times for picking up orders may be modified during the festive periods. The modifications shall be posted at all times on the Web Site and shall be disclosed to Clients calling +33 (0)1 42 57 68 08 or in response to an e-mail sent to firstname.lastname@example.org
9 – Claims and refunds
The Client must ascertain the compliance of his order upon receiving it. Any missing or damaged goods must be reported on the delivery note upon delivery.
In order to be taken into consideration, any claim must be made within 48 hours following the delivery date of the order, by post, to the following address: Maison Arnaud Larher, 53 rue Caulaincourt, 75018 Paris, France, or by electronic mail to the following address: email@example.com
In any event, the Seller’s liability shall be limited to the value of the order.
10 – The quality of the products
The Seller guarantees to the Client that the products are manufactured and packaged in accordance with strict rules of quality and hygiene and are stored in accordance with the prevailing standards in France.
The Seller shall not be liable for any spoilage of the quality of its products should the Client fail to comply with the optimal storage conditions or timescales for the products.
All the items on offer on the Web Site are covered by the statutory warranty for hidden faults and defects which might affect the products, as stipulated by article 1641 of the Civil Code. Clients shall have a timescale of 3 days as of the delivery date to send any reservations or claims to the Customer Service department concerning any non-compliance or visible defects in the items delivered.
Once this timescale shall have elapsed, should this formality not have been complied with, the items shall be considered as compliant and free from any visible defect. No claim on such grounds shall thereafter be countenanced by the Seller.
11 – Intellectual property
All the elements of the Web Site (photographs, illustrations, pictograms, logos, trademarks and descriptions) are and shall remain the exclusive intellectual property of the Seller.
The reproduction, the showing, the exploitation, republication or use in any way or on any grounds, even partial, of the elements of the Web Site, be they software applications, visual or sound elements, shall require the express prior authorisation of the Seller.
12 – Data protection
The Client acknowledges and agrees that the data he provides upon placing an order shall be used to ensure the proper handling of his orders. This information shall be treated with the utmost care and discretion.
In accordance with France’s prevailing laws, the file containing this data has been declared to France’s CNIL [data protection watchdog] under no. 1786762 v 0.
In accordance with article 34 of France’s data protection law dated 6 January 1978, the Client shall have a right to access, amend and delete any of his personal data. The Client should contact the Customer Service department by electronic mail at the following address: firstname.lastname@example.org to exercise this right and to secure disclosure of any personal data concerning him that is held on file. The requests shall be processed within one month.
13 – Severability
Should any of the terms of these T&Cs be declared inapplicable or be invalidated for any reason, this invalidity shall not affect the application or the validity of the other terms. The clause that is invalidated or declared inapplicable shall be replaced by the closest possible provision.
14 – Force majeure
Neither the Seller nor the Client shall be liable for any failure to perform or delay in performing any of the obligations described in these T&Cs due to circumstances of force majeure or a natural disaster as defined by the courts.
15 – Applicable law
These T&Cs are governed by French law. The commercial court of Paris, France shall have sole jurisdiction to hear any dispute or disagreement concerning them.
In case of a dispute, the parties shall endeavour to reach an amicable settlement prior to resorting to legal action. The Client should contact the Customer Service department by post at the following address: Maison Arnaud Larher, 53 rue Caulaincourt, 75018 Paris, France.