APPLICATION AND OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE
– These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who has accepted them before placing the order.
– The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order.
– The Customer declares that he/she has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or a service, and accepts them without restriction or reservation. The Customer declares to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the site www.fouquet.fr.
– The main characteristics of the Products and notably the specifications, illustrations and indications of dimensions or quantity of the Products, are presented on the www.fouquet.fr website, which the client is required to read before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.
– No particular condition, nor any other general condition emanating from the customer can, without the express agreement of La Maison FOUQUET, prevail over the present conditions. In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded
– Any contrary condition posed by the customer will thus be, in the absence of express acceptance, inopposable to La Maison FOUQUET whatever the moment when it could have been brought to its knowledge.
– The fact that La Maison FOUQUET does not avail itself at a given moment of any of the present general conditions of sale, cannot be interpreted as a renunciation to avail itself later of any of the said conditions.
– The coordinates of the head office of Maison FOUQUET are the following:
– Maison FOUQUET
– 36, rue Laffitte – 75009 Paris
– Tel : +33 1 47 70 85 00
– Email : maison-fouquet@fouquet.fr
– Share capital : 100 800 €.
– RCS Paris : B 307 047 357
– Intracommunity VAT : FR13 307 047 357 000 16
ORDER AND CONFIRMATION
– The customer undertakes to fill in the various existing sections (address, telephone number, delivery address, payment method).
– Each product request is subject to acceptance by La Maison FOUQUET. Maison FOUQUET reserves the right to reject any order due to insufficient stock, incomplete customer information, or any other legal reason. If we encounter a problem in fulfilling your order we will inform you within two working days of your order.
– From the moment the package is handed over to the carrier, no cancellation can be taken into account and the price paid will not be refunded.
WITHDRAWAL PERIOD
– The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons.
– The period mentioned in the first paragraph runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him. In the case of an order for several products delivered separately, the period runs from the receipt of the last good or batch or the last part.
– For contracts providing for regular delivery of products over a defined period of time, the time period shall begin upon receipt of the first product. If this period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next working day.
– The consumer shall return the goods to the trader or to a person designated by the trader without undue delay and at the latest within fourteen days of communicating his decision to withdraw. The shipping address is indicated in article 1 of these GTC.
– The direct costs of returning the products are to be borne by the customer.
– When the right of withdrawal is exercised, Maison FOUQUET reimburses the consumer for the totality of the sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which it is informed of the consumer’s decision to withdraw.
– Maison FOUQUET may defer reimbursement until the products have been recovered or until the customer has provided proof of shipment of these goods, the date retained being the first of these facts.
– Maison FOUQUET will make the refund using the same means of payment as the one used by the customer for the initial transaction, unless it is expressly agreed that another means of payment be used and insofar as the refund does not incur any costs for the customer.
– Maison FOUQUET is not obliged to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method proposed by the professional.
PRICE
– The prices indicated on the order form are in Euros, all taxes included, from our workshop in rue Laffitte – 75009. The applicable VAT is that in force for chocolate, confectionery and delicatessen products and applies to orders to Metropolitan France, Corsica and European Union countries. The general tariff can be freely revised by La Maison FOUQUET.
– The prices do not include the delivery costs which are invoiced in supplement, under the conditions indicated on the site and calculated before the order is placed. These delivery rates depend on the destination, the weight and the volume of the package. For more information on these rates, you can contact us.
– The payment requested from the customer corresponds to the total amount of the purchase including these expenses
– The period mentioned in the first paragraph runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him. In the case of an order for several products delivered separately, the period runs from the receipt of the last good or batch or the last part.
– For contracts providing for regular delivery of products over a defined period of time, the time period shall begin upon receipt of the first product. If this period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next working day.
– The consumer shall return the goods to the trader or to a person designated by the trader without undue delay and at the latest within fourteen days of communicating his decision to withdraw. The shipping address is indicated in article 1 of these GTC.
– The direct costs of returning the products are to be borne by the customer.
– When the right of withdrawal is exercised, Maison FOUQUET reimburses the consumer for the totality of the sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which it is informed of the consumer’s decision to withdraw.
– Maison FOUQUET may defer reimbursement until the products have been recovered or until the customer has provided proof of shipment of these goods, the date retained being the first of these facts.
– Maison FOUQUET will make the refund using the same means of payment as the one used by the customer for the initial transaction, unless it is expressly agreed that another means of payment be used and insofar as the refund does not incur any costs for the customer.
– Maison FOUQUET is not obliged to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method proposed by the professional.
PAYMENT
– The payment is made online by credit card. For this reason, there are no discount conditions or penalties for late payment.
– The currency used for the transaction is the Euro. The amount, debited from the account of the used bank card, will depend on the rate of the Euro on the day of the debit and the possible exchange fees charged by the bank issuing the card.
– To be registered, the order must be paid in full. Unpaid orders cannot be delivered.
– When processing your payment transactions on the lamaisonduchocolat.fr website, our partner INGENICO PAYMENT SERVICES adapts the most demanding security standards on the market such as SSL 3.0 encryption techniques. 128 bits. In addition, INGENICO is triple certified by AE (TDC), Mastercard and VISA (PCI DSS) for compliance and enforcement of strict security standards.
– The invoice corresponding to the order placed is sent in the shipping email of the order and is also available in the “My Account” section.
– The transfer of ownership of the products to the customer takes effect only after full payment of the price by the latter.
– The prices do not include the delivery costs which are invoiced in supplement, under the conditions indicated on the site and calculated before the order is placed. These delivery rates depend on the destination, the weight and the volume of the package. For more information on these rates, you can contact us.
– The payment requested from the customer corresponds to the total amount of the purchase including these expenses
– The period mentioned in the first paragraph runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him. In the case of an order for several products delivered separately, the period runs from the receipt of the last good or batch or the last part.
– For contracts providing for regular delivery of products over a defined period of time, the time period shall begin upon receipt of the first product. If this period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next working day.
– The consumer shall return the goods to the trader or to a person designated by the trader without undue delay and at the latest within fourteen days of communicating his decision to withdraw. The shipping address is indicated in article 1 of these GTC.
– The direct costs of returning the products are to be borne by the customer.
– When the right of withdrawal is exercised, Maison FOUQUET reimburses the consumer for the totality of the sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which it is informed of the consumer’s decision to withdraw.
– Maison FOUQUET may defer reimbursement until the products have been recovered or until the customer has provided proof of shipment of these goods, the date retained being the first of these facts.
– Maison FOUQUET will make the refund using the same means of payment as the one used by the customer for the initial transaction, unless it is expressly agreed that another means of payment be used and insofar as the refund does not incur any costs for the customer.
– Maison FOUQUET is not obliged to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method proposed by the professional.
DELIVERY OF PRODUCTS
– The packages are prepared and packed by La Maison FOUQUET in a closed, resistant packaging, appropriate to the contents and to the transport requirements.
– Maison FOUQUET is automatically responsible to the customer for the proper execution of the obligations resulting from the contract concluded at a distance, whether these obligations are executed by Maison FOUQUET or by the service providers chosen for the transport of the products and without prejudice to its right of recourse against them.
– However, Maison FOUQUET may be exonerated from all or part of its responsibility by proving that the non-performance or poor performance of the contract is attributable either to the customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure
– The customer is in particular responsible for the mentions relating to the name and the address of the recipient which must be precise, exact and complete (code of the door, floor, telephone…) to allow a delivery under the normal conditions. Maison FOUQUET cannot be held responsible for a return delivery due to an address error or an impossibility to deliver to the indicated address.
– In the event of an error in the recipient’s address or in the absence of the recipient, La Maison FOUQUET cannot be held responsible for the impossibility of delivering the order. Maison FOUQUET will contact the customer to organize, according to the customer’s wish, a new order, at the customer’s expense, including the shipping costs and the product price.
– Maison FOUQUET, after confirmation of the order, undertakes to process and deliver the order to the agreed destination, according to the route, the procedure and the carrier chosen by the customer. Maison FOUQUET insures the goods up to the place of delivery, but it is up to the recipient to check the package in the presence of the deliveryman. Any anomaly at the time of the delivery will have to be announced on the delivery order. Without the respect of this clause, no refund procedure with the chosen carrier can be initiated.
– In case of absence of the recipient or of a person able to take possession of the products at the time of the delivery, the carrier will deposit a notice of passage inviting the customer to contact the carrier again as soon as possible. In no case, La Maison FOUQUET can be held responsible for a possible deterioration of the products due to their late withdrawal from the carrier.
– For the deliveries by COURIER: in case of failure of delivery because of incomplete or erroneous information as well as absence of the recipient, the parcel will be put has disposal in the store of the street Laffitte (the recipient will be informed). A second paid presentation can be scheduled at the sender’s request.
– Orders delivered by Colissimo and Chronopost are prepared and shipped from our workshop (36, rue Laffitte – 75009 Paris).
– Orders placed on D-Day are shipped at the earliest the day after the order is placed.
– Delivery times depend on the country of destination and the delivery method. By default, La Maison FOUQUET website proposes the nearest delivery date. The customer can choose a date later than the date proposed by the site. The proposed delivery/collection date is guaranteed:
– except in cases of force majeure,
– except in the case of a carrier strike,
– provided that the delivery address is precise, exact and complete,
– provided that the person receiving the order is present at the time of delivery.
– Maison FOUQUET insures the risks of loss and deterioration of the products until the delivery of the said products to the recipient. The transfer of the risks is thus made as from the moment when the recipient acknowledged receipt of the products.
– The availability of products and services is given on the site as an indication. It becomes final only after confirmation of the order. La Maison FOUQUET cannot be blamed for the unavailability of a product in the delivery, insofar as the customer will have had the information prior to the delivery of his order
COMPLAINTS – DISPUTES – RETURNS
– Upon receipt of the products, the customer must ensure the conformity of the delivery with his order. Any damage and non-conformities must be the subject of precise reservations, dated and signed, on the delivery slip.
– Any complaint must be made within 15 working days after receipt of the order, to the customer service of La Maison FOUQUET:
– By mail : La Maison FOUQUET – 36, rue Laffitte – 75009 Paris – FRANCE
– Or by email to the address specified in article 1.7.
– Or by phone from Monday to Friday from 11am to 5pm at 0033 (0)1 47 70 85 00.
– This complaint will have to be motivated and accompanied by the justifications of the undergone damage (letter of transport, photo of the received parcel…). After analysis and acceptance of the complaint by La Maison FOUQUET, a commercial gesture (reimbursement of shipping costs, return of the product at La Maison FOUQUET’s expense…) will be proposed to the customer.
– In case of a dispute, the Customer will contact in priority the Customer Service of LA MAISON FOUQUET in order to resolve it amicably. If this approach fails, the customer can resort to the mediation service CM2C (Centre de Médiation de la consommation des conciliateurs de justice) .
– In order for the complaint to be admissible, it must include: Your postal address, email and telephone number as well as the full name and address of our company, a brief statement of the facts, and proof of the prior steps taken.
– In accordance with the rules applicable to mediation, we remind you that a consumer dispute must be submitted in writing to LA MAISON FOUQUET’s Customer Service before any request for mediation to CM2C.
– A dispute cannot be examined by the Consumer Ombudsman when:
– The consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by means of a written complaint in accordance with the procedures provided for, where applicable, in the contract;
– The request is clearly unfounded or abusive;
– The dispute has been previously reviewed or is being reviewed by another mediator or by a court;
– The consumer has made his request to the mediator within a period of more than one year from his written complaint to the professional;
– The dispute does not fall within its jurisdiction.
– The consumer is informed by the mediator, within three weeks from the receipt of his file, of the rejection of his request for mediation.
– For any dispute that does not fall within the scope of mediation, the consumer may refer the matter either to one of the territorially competent courts under the Code of Civil Procedure, or to the court of the place where he or she lived at the time of the conclusion of the contract or of the occurrence of the harmful event.
– Any product return must be formally agreed upon between La Maison FOUQUET and the customer and must be returned within 5 days following the agreement. After this period, no return can be taken into account. Any return accepted by La Maison FOUQUET will allow the customer to obtain a free replacement or the restitution of a credit note to his benefit, excluding any other indemnity or damages.
PERSONAL DATA
– Within the framework of the implementation of personal data processing, the organization responsible is Maison FOUQUET.
– In accordance with the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, and with the provisions of the European regulation 2016/679 on the protection of personal data, you are informed that Maison FOUQUET, as the person in charge of processing, implements the processing of personal data for the following main purposes: execution of the present GTC – management and follow-up of your order – administrative and contractual relationship – management of commercial and promotional operations. These data will not be further processed in a manner incompatible with these purposes
– The legal bases for these processing operations are the necessity for the execution of a contract, the respect of legal and regulatory obligations, the legitimate interests pursued by the data controller.
– Data used: in a logic of minimization of the data used, the personal data used are those requested at the time of your purchases (name, first name, complete address, telephone, e-mail), necessary with regard to the purposes for which they are processed. This data entered online is recorded on a secure server and is immediately encrypted and kept in a form that allows the identification of the persons concerned for no longer than is necessary for the purposes for which they are processed.
– The data are intended for the authorized services of La Maison FOUQUET.
– Retention period: Customer data is kept for the duration of the customer relationship. These data can be kept for a period of 36 months for commercial prospecting purposes once the relationship is broken (last order date for example). Data for prospecting purposes may be kept for a period of 36 months from the date of a request. The opening of emails, the click on links with integrated tracking do not constitute an explicit request for contact.
– In accordance with the legislation applicable to the protection of personal data, you have a right of access and rectification, deletion, opposition, a right to the portability of information concerning you, a right to limit processing.) To assert these rights, you can contact Maison FOUQUET via the means specified in 1.5.
– In accordance with the article L223-2 of the code of consumption the customer is entitled to exercise his wish not to be contacted by telephone. To assert these rights, you can contact Maison FOUQUET via the means specified in 1.5.
– You also have the right to define general and specific directives defining how you want these rights to be exercised after your death.
– You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (Cnil), the French supervisory authority responsible for compliance with obligations relating to personal data.
TERMS OF DELIVERIES AND WITHDRAWALS IN STORES.
– Metropolitan France: delivery methods depend on the product and the destination of the order.
– Colissimo without signature: Delivery time of 48 hours excluding preparation time. The preparations are shipped at the earliest 24 hours after the order is placed.
– From Monday to Friday – Price: 12 €.
– Chronopost 13h : Delivery time of 24h excluding preparation time – Delivery guaranteed before 13h – From Monday to Friday – Price : 20 €.
– Outside metropolitan France: Maison FOUQUET delivers to the following countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, Germany, Hungary, Iceland, Ireland, Italy, Jersey, Guernsey, Lichtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, United Kingdom.
– The rates depend on the weight of the package and the destination. To find out the cost of international shipping, please log in to the my cart page.
– Withdrawal in store: The withdrawal in store is done from Monday to Friday in our store of 36 rue Laffitte – 75009, at the latest 48h00 after reception of the order on the site.
– For any question concerning the delivery or a current order you can contact our customer service at +33 1 47 70 85 00 (11:00 am – 5:00 pm) or by email at: maison-fouquet@fouquet.fr
– The photos on the site are not contractual.
– The customer must not resell the products which are intended for his personal use or that of the person receiving his order.
– Our customer service is available from Monday to Friday from 9am to 5pm on 0033 (0)1 47 70 85 00 and by email : maison-fouquet@fouquet.fr.