TERMS OF SALES
PREAMBLE
The general conditions of sale herein (hereinafter referred to as the “CGV”), are intended to govern the contractual relations between any consumer customer (hereinafter referred to as “the customer”) of the atelierpatisserie.fr site (hereinafter referred to as “the site”).
This site operated by M Peslier Pelissier Dorian (hereinafter referred to as “the company”), whose SIRET number is 81837351600025 and whose head office is located at 9 Allee du clos 87220 FEYTIAT.
NAF self-enterprise code: 8559B
The site is hosted by www.wix.com, an Israeli company
To the extent that the company may be required to make occasional changes to its T&Cs, it is necessary for each Customer to reread the T&Cs before each order on the site.
The General Terms and Conditions and their modifications are enforceable from the date they are posted online. No one can enforce the General Terms and Conditions of Orders placed previously.
By validating an order, the Customer is considered to have read and accepted the General Terms and Conditions without reservation. In addition to a link to read the T&Cs when placing an order, the Customer can access the T&Cs directly on the site. The T&Cs are also downloadable.
In addition, once the Customer has accessed the site, he undertakes to respect the General Terms and Conditions.
These General Terms and Conditions are the only ones applicable between the Customer and the company. They replace all other conditions, unless prior, express and written waiver.
For any questions or additional requests about the T&Cs, the site, orders, etc., customers can contact the company by email by responding to the contact form (www.atelier-lacuisinedebernard.com/contact/).
PURPOSE OF THE COMPANY
The site offers customers:
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booking and paying for pastry classes
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purchasing Dorian Pelissier’s recipe books
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purchasing gift cards
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GENERAL
SUBSCRIPTION CONDITIONS
Customers declare that they are of legal age and capable of contracting.
Any purchase may be made for the Customer's personal consumption or as a gift.
Each order requires the customer to first create an account. The latter allows:
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the possibility of adding products to the basket
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the possibility of placing an order
Each customer can modify their identifiers, password and other personal information directly on the platform or by asking the company.
The company gives itself the right to send emails (such as newsletters, special offers, etc.) to the email address provided when creating a customer account.
Each customer has the possibility to unsubscribe from emails sent by the company at any time directly through the email or customer account or by asking the company via the contact form.
ACCESSIBILITY OF SERVICES
The site www.atelierspatisserie.fr is available 24/7 via the internet.
The photos presented on the site have only an indicative role and cannot therefore bind the company.
CUSTOMER ACCOUNT
In order to place each of these orders, the customer must have a customer account where he must enter his last name, first name, name of his company (if possible), postal address, email address in order to have access to the secure payment method.
An option to “Ship to a different address?” » is possible in order to have the order delivered to another address (that of a loved one as a gift, a vacation home, etc.).
The customer undertakes to be able to receive the order himself or by an informed relative, at the address indicated for its sending.
All information provided is binding on the customer. The customer is not authorized to produce forgeries.
CUSTOMER ACCOUNT EXCLUSION
In the event of non-compliance with the obligations arising from acceptance of these General Terms and Conditions, incidents of payment of the price of an order, provision of incorrect information when creating the account or acts likely to harm the interests of the company, the company reserves the right, depending on the seriousness of the acts, to terminate the customer account without damages being claimed.
The company also reserves the right to refuse to contract with a Client who has been excluded or sanctioned for such actions.
PAYMENT
PAYMENT METHOD PROPOSAL
The company provides several payment methods which may delay the start of the delivery time.
PAYMENT IN 3 or 4x FREE OF FEES WITH KLARNA
CASH PAYMENT DIRECTLY TO THE WORKSHOP
SECURITY OF PAYMENTS
All online payments by bank or credit card are made via the “Secure Socket Layer” security system. The latter guarantees the encryption of the customer's bank details during their transmission.
The delivery time will only begin to run when the company has received confirmation of the debit from the account by the paying agency in the case of payment by credit card, paypal or in cash.
The Customer will then receive a confirmation email as well as an electronic invoice.
PARTICULAR DISPOSITIONS
REGARDING THE PURCHASE OF A PASTRY CLASS OR A GIFT CARD
PRINCIPLE
The company offers pastry classes on different themes, reservations for which can be made on the site.
INFORMATION RELATING TO THE PASTRY COURSE
When a pastry class is planned, the company undertakes to notify on the site:
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the title of the course
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a description of the course content
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the day of the course
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class time
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the expected duration of the course
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the maximum number of people accepted in the course
Any additional information may be requested using the contact form (www.atelierpatisserie.fr/contact/).
LIMITED NUMBER OF PLACES
To ensure that the courses take place in good conditions, a limited number of participants is authorized.
The company undertakes that no person can reserve a place if there are no more. However, in the event of default, the company undertakes to reimburse in full any deposit paid for the reservation of a cooking class. However, it cannot be held responsible for any direct or indirect costs induced by an error on the site regarding the maximum number of people authorized during a course.
PAYMENT
When booking, the customer agrees to pay the full amount of the pastry class.
CANCELLATION AND CANCELLATION FEES
The customer undertakes to notify the company as soon as possible in the event of cancellation of their reservation for a pastry class.
Cancellation fees are as follows:
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the total amount of the course reservation is refunded in full by bank transfer if the cancellation takes place more than 72 hours before the course date.
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the total amount of the course reservation cannot be refunded if cancellation takes place less than 72 hours before the course date.
REPAYMENT TERMS
In the event of cancellation of a cooking class reservation, the company undertakes to reimburse the customer according to the terms provided in the “Cancellation and cancellation fees” section above.
Reimbursement will be made by transfer if payment was made by credit card and by paypal if payment was made by paypal.
WITHDRAWAL DEADLINES
Each customer can exercise their right of withdrawal, the deadline for which is 14 (fourteen) days; after validation of the order or reservation.
To exercise their right of withdrawal, the customer must contact the Pâtisserie workshop at the email address: latelierpatisserie87@gmail.com.
REGARDING THE SALE OF DORIAN PELISSIER’S RECIPE BOOKS
STOCK
The company undertakes to honor all book orders while stocks last.
The customer can read “Out of stock” when a product is no longer available. If he likes the product, he can contact the company to see if a solution is possible.
If for an unknown reason, the site does not indicate that a product is out of stock even though it is, the company undertakes to contact the customer in order to find a solution: deferred shipping, refund, exchange, …
DELIVERY TERMS
In order to recover the book purchased on the site, two methods are provided by the site:
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delivery by post for a price equivalent to the current price of delivery by post.
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pick up the book directly from the workshop at the address mentioned in the preamble and thus receive a book autographed by Dorian Pelissier.
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The date and time to collect the book will be determined by email exchange with Dorian Pelissier.
DELIVERY TIMES FOR MAILED BOOKS
The company undertakes to respect the rules of the art in order to deliver within 3 working days from receipt of payment.
These deadlines are given for information only and cannot be held against the company in the event of delay.
DELIVERY LOCATIONS
The company delivers to mainland France.
It uses the post office as a means of delivery for shipments in mainland France.
For any other country, the Customer must contact the company to find out if a means of delivery can be set up and if so, at what cost.
In the event of non-receipt within the envisaged deadlines and if the company has not contacted the customer, the customer is advised to contact the company so that it can carry out an investigation to find out where the order is. The investigation may take several weeks.
SHIPPING COST
The delivery costs applied are the current prices for delivery by post.
RECEIPT OF ORDER
Upon receipt of their order, the company recommends that the Customer check whether the products delivered comply with their order.
If by chance one or more products in the order were damaged or non-compliant, the company asks the Customer to send an email using the contact form in order to report problems related to the order and/or to write on the order form the various reservations accompanied by a signature.
If the order does not arrive at its destination due to an address problem due to poor transcription by the customer, the company will resend it a second time upon payment of delivery costs.
RETURN OF PASTRY BOOKS
In application of article L212-21-8 of the Consumer Code, “The right of withdrawal cannot be exercised for contracts: […]
3° Supply of goods made according to the consumer's specifications or clearly personalized; », No return of a book can be accepted if it has been autographed.
Any return of packages must be made by registered mail with acknowledgment of receipt to the address mentioned in the preamble to the General Terms and Conditions.
In addition to the order, the Customer must return the completed and signed return slip. If such a voucher is not included in the package, the customer can request one from the company.
A return must be made by registered mail with acknowledgment of receipt or, failing that, by post tracking.
RETURNS ALLOWED
No later than 3 days after receipt of an order, the customer can notify a defect or absence of product.
Article L. 211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L. 211-5 of the Consumer Code: “To comply with the contract, the good must:
Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so reduces this use that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Please note: The company reminds that the legal guarantee may not apply or partially apply in certain cases such as:
repair of damage resulting from a cause external to the product (for example, accident, shock, lightning, current fluctuation, oxidation, presence of sand, etc.),
the fault of the Customer resulting for example from use or installation not in compliance with the manufacturer's specifications,
use harmful to the good conservation of the product.
Returns are accepted in several cases:
DEFECTIVE PRODUCT (TEAR, etc.)
PRODUCT DIFFERENT FROM THAT ORDERED
LEGAL WITHDRAWAL PERIOD OF 14 DAYS AFTER DELIVERY OF THE PRODUCT
LEGAL WITHDRAWAL PERIOD OF 14 DAYS AFTER VALIDATION OF THE ORDER
GUARANTEE
All orders placed benefit from the legal guarantee provided in particular by articles L211-4 et seq. of the Consumer Code.
When a customer wishes to use the legal guarantee, he must make a request to the company at the email address mentioned in the preamble or at the postal address mentioned in the preamble.
The request must be justified with a copy of the invoice.
If the defect does not result from a case provided for in 4.b, the customer will be offered a refund or an exchange with a product of the same nature and equivalent.
In the event of a refund, the company will reimburse the Customer by check within 30 days of receipt of notification of acceptance of the refund. The check will be sent to the address mentioned in the customer account.
LIABILITY AND DISPUTE
SITE UNAVAILABILITY
The company cannot be held responsible for any damage whatever its nature, resulting from unavailability of the Site due to a voluntary or non-voluntary interruption resulting, in particular, from a need for maintenance or a case of force. major.
DATA PROTECTION
As part of the proper processing of his order, the customer undertakes to provide the company with sincere and true information. The communication of false information is contrary to these General Terms and Conditions. Just as their absence effectively results in the cancellation of the order without the possibility of claiming damages from the company.
The Customer thus authorizes the company to collect, process and use information concerning him.
The company is the sole holder of information concerning the Customer. It authorizes itself to transmit them to other companies (in or outside the European Union zone) in order to ensure the proper execution of its services (example: sending packages)
At any time, the customer has the possibility of making a request to the postal and/or email addresses presented in the preamble to these General Terms and Conditions, in order to:
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know what information about him is held by the company
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object to their processing, have them modified or deleted
In the context of special orders, the company reserves the right to create orders on behalf of the customer. The customer is informed before publication that an order will be created under his name.
These orders are password protected and carry no obligation to purchase.
At any time, the customer may request that his name and/or the entire order be deleted in his name.
PROTECTION OF COMPANY DATA
Any total or partial reproduction of the elements accessible on the Site such as texts, blog articles, photographs, images, illustrations, comments, etc., is strictly prohibited. They are protected in the name of intellectual property.
PROBATIVE VALUE OF ELECTRONIC EXCHANGES
Within the framework of Law No. 2000-230 of March 13, 2000 adapting the law of proof to information technologies and relating to electronic signatures, the customer acknowledges and admits that electronic exchanges and recordings with the company have the same probative force as a handwritten and signed document.
APPLICABLE RIGHT
These General Terms and Conditions are subject to applicable French law regardless of the Customer's country of residence and the place of conclusion of the contract. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.