I.SCOPE OF APPLICATION - ENFORCEMENT
The General Terms and Conditions of Sale apply to sales of Pierrot Gourmand branded products (hereinafter the "Product(s)") by the Company to non-professional buyers. They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The General Conditions of Sale are applicable to all Products on sale in the "E-Boutique" section of the website www.pierrot-gourmand.com (hereinafter the "Site"). They only concern sales whose delivery is made in mainland France (including Corsica).
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
The term “Customer” means any natural or legal person, of legal age and capacity, who wishes to purchase a Product on the Site’s E-Shop, in compliance with these General Conditions of Sale.
The Customer declares that he has the capacity to contract in accordance with the law in force, and that he has read the General Conditions of Sale which are easily accessible.
Any order placed by the Customer on the Site requires prior acceptance of the General Terms and Conditions of Sale. The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by checking the box provided for this purpose before implementing the online ordering procedure.
The Company reserves the right to modify the General Conditions of Sale. Therefore, it is understood that those in force on the Site on the day the order is placed are applicable.
The fact that the Company does not avail itself of any of the provisions of the General Conditions of Sale cannot be interpreted as constituting a waiver of the right to avail itself of them subsequently.
The Customer has the option of downloading and printing these General Conditions of Sale on a durable medium (in .pdf format) by clicking here .
II. AVAILABILITY OF PRODUCTS
Orders will be processed within the limits of available stocks. The Customer is invited to check the availability of Products on the Site.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The removal of one or more Products intended for sale on the Site as well as the modification of the characteristics of a Product remains at the sole discretion of the Company, and cannot result in the payment of any compensation to the Customer.
III.PRICE
The applicable prices are those displayed on the Site when the order is validated.
Prices are indicated in Euros, all taxes included and applicable in Metropolitan France. The applicable VAT rate is that in force on the day the order is placed.
Participation in shipping, transport and delivery costs as well as optional services previously subscribed to by the Customer are not included in the price displayed, and remain the responsibility of the Customer, they are understood to be inclusive of tax. These costs are calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The connection costs necessary to access and order on the Site are the responsibility of the Customer.
The Company is free to modify prices at any time. It is understood that for orders already validated, the applicable prices will be those in effect when the order is validated.
IV. DISCOUNT VOUCHER
The use of a Discount Voucher is subject to prior and unreserved acceptance of these General Conditions of Sale.
The Discount Voucher must be used by the Customer when placing a new order on the Site, before final validation of the order. The Customer must enter and validate their discount code in the corresponding box "Enter promo code" when validating their order. The total amount of the order will then be automatically updated, provided that the discount code is valid.
Unless otherwise provided in a Discount Voucher, Discount Vouchers are not refundable, cumulative or divisible.
V. ORDERING TERMS
It is up to the Customer to select on the Site the Products that he wishes to order, according to the following terms:
The Customer selects the number of Pierrot Gourmand products that he wishes to purchase by clicking on the “I add to my basket” or “I crack” icon.
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The Customer must check the box “I accept the General Conditions of Sale” to validate their order.
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The Customer is redirected to the shopping cart where he can modify the desired quantity and add a promo code if he has one and write a personalized message (free option) if he wishes.
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The Customer then accesses a page where he must specify his delivery and billing address and in the next step, enter his payment information.
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The Customer clicks on “Order” to validate the order and accesses an order confirmation screen.
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When the order is finalized, a summary email of the order will be sent to the Customer to confirm it.
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Another email is sent to the Customer when their order is shipped.
The sale will only be considered final after the Company has sent the Customer confirmation of acceptance of the order by email and after the Customer has received payment in full.
It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors. The Customer confirms that he has received a breakdown of the delivery costs, as well as the terms of payment, delivery and execution of the contract.
Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Company.
The Company reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can find all the information relating to their order (invoice, parcel tracking number and contact details) in the “My Account” section.
The Company does not intend to sell the Products on the Site to professionals, but only to consumers, for their personal needs. The Company therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than ten (10) identical items.
An order cannot exceed a weight of 10kg.
The transaction is saved by the Company in accordance with the regulations in force, the Client may request access by making a written request to the Company under the conditions provided for in the Pierrot Gourmand Personal Data Protection Policy.
VI. PAYMENT TERMS
Payment is due immediately upon ordering. The Customer undertakes to ensure their solvency before any order.
Payments are made by credit card. Payments are made via the secure STRIPE system which uses the SSL (Secure Socket Layer) protocol, ensuring that the information transmitted is encrypted by software and that no third party can read it during transport on the network.
Once payment has been made, it is the Customer's responsibility to save and retain the certificate relating to the banking data of the transaction.
The Customer guarantees that he/she is fully authorized to use the payment card and that these means of payment provide access to sufficient funds to cover all costs of using the Company's services.
To ensure the security of payments during transactions on its Site, to avoid fraud and thus protect its Customers, the Company may be required to carry out automated processing in order to check, or have its subcontractors check, orders placed on its Sites and to verify the regularity of the information transmitted to it during these orders. This verification involves processing certain data, in particular personal data, collected through the Site in accordance with the Pierrot Gourmand Personal Data Protection Policy .
In addition, the Company reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders made by the Customer. Additional information may be requested by the Company to finalize the order.
VII. PRODUCTS
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
All useful information is available on the “More information” page by following the “Product Sheet” link.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Company.
In the event of non-conformity of the Product delivered to the Customer, the Customer may return it to the Company. The Customer may ask the Company to reimburse the defective Product or to exchange it for a Product that complies with the order, in accordance with the law (See below XI. Guarantees) .
VIII. DELIVERY TERMS
Delivery options:
- Delivery by Colissimo Point Relais: Delivery of the package against signature and upon presentation of an identity document. The delivery time is estimated between 2 and 5 working days from the dispatch of the order. The delivery costs are fixed on the flat rate basis of €5.95 including tax for Metropolitan France, Corsica and Monaco. From €40 including tax of purchase, the delivery costs will be covered by the Company.
- Colissimo home delivery: Delivery without countersignature for small packages that can be placed in the Customer's mailbox. The delivery time is estimated between 2 and 5 working days from the dispatch of the order. Delivery costs are set on a flat rate basis of €5.95 including tax for Metropolitan France, Corsica and Monaco. From €40 including tax of purchase, delivery costs will be covered by the Company.
- Chronopost home delivery: Delivery of the package in person and against signature. The delivery time is estimated between 1 and 2 working days from the dispatch of the order. The delivery costs are fixed on the flat rate basis of €12 including tax * for Metropolitan France (excluding Corsica).
* Delivery to Corsica will incur an additional cost of €19.60 including tax, as will delivery to areas that are difficult to access, an additional cost of €5 including tax will be applied (see Postcodes identified by Chronopost on the following link: https://www.chronopost.fr/sites/default/files/atoms/files/zones_difficiles.pdf) , and for deliveries on Saturday, an additional cost of €6 including tax will be applied if the order is validated before Friday 10 a.m.
Orders placed on Friday after 12pm (noon) will be processed the following Monday.
Place and delivery time: The Products ordered by the Customer will be delivered in mainland France, including Corsica, to the address indicated by the Customer when ordering on the Site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. In the event of partial shipment, the Customer will be informed of the shipment and the products present in the package.
Orders are validated and processed by the Company's logistics department as soon as possible after validation of the Order by the Customer.
The Company will send the packages via the Colissimo or Chronopost service of the Post Office.
The maximum legal delivery time is 30 (thirty) working days from the order of the product, unless otherwise specified to the Customer when placing the order and prior to its validation. This time limit will be recalled in the order summary and during shipment tracking.
The Customer is informed of the shipment of his order by email sent to the email address provided when ordering. This email will also include the tracking number of the package which will allow the progress of its delivery to be followed from the colissimo website. The tracking number will also be available in the "My account" section.
The Customer is required to check the condition of the products delivered upon delivery, in the presence of the carrier. Reservations must be recorded in writing on the carrier's delivery note, in a clear and detailed manner, describing the non-conformity or apparent defects. In order to avoid any subsequent dispute, reservations must be dated and signed by the Customer. The Customer has two (2) working days to notify the Company in writing (email or postal mail).
In the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Company.
The Company will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see XI. GUARANTEES ).
Absence or Delay in Delivery : The Company undertakes to make its best efforts to deliver the products ordered by the Customer within the specified timeframes. These timeframes are provided for information purposes only.
If, after thirty (30) days and excluding cases of force majeure, the Customer has not received the package, the Customer must notify the Company by registered letter with acknowledgement of receipt or in writing on another durable medium. In this case, the Company undertakes to reimburse the Customer within 10 (ten) working days following the cancellation request.
In accordance with current legislation, the transfer of risks occurs upon physical possession or control of the Product by the Customer.
IX. RIGHT OF WITHDRAWAL
Deadline and terms for exercising the right of withdrawal:
In accordance with Article L 221-18 of the Consumer Code, the Customer has a withdrawal period which expires fourteen days after the day on which he, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods.
To exercise this right, the Customer must notify the Company of his decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or email).
The Customer has the option to use the model withdrawal form here . The Customer may complete and send the model withdrawal form or any other unambiguous statement to the Company's postal or electronic correspondence address (indicated in these General Terms and Conditions of Sale). If the Customer uses this option, the Company will promptly send him an acknowledgement of receipt of the withdrawal on a durable medium by email.
In order to comply with the withdrawal period, the Customer must have sent his notification relating to the exercise of the right of withdrawal before the expiry of the period.
Customer Reimbursement Terms:
In the event of withdrawal by the Customer, the Company will reimburse all payments received, including delivery costs. This reimbursement will be made without undue delay and, in any event, no later than fourteen days from the day on which the Company is informed of the decision to withdraw from this contract.
The Company will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction. ; In any event, this reimbursement will not incur any costs for the Customer.
Product Return Procedure:
The Customer must return the product to ANDROS SNC – E-Boutique PIERROT GOURMAND – Zone Industrielle – 46130 BIARS SUR CERE. The Customer will be responsible for the direct costs of returning the Product.
Limits to the right of withdrawal:
The Customer's liability may only be incurred in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of its right of withdrawal, in accordance with 2° of I of article L.221-23 paragraph 3.
Certain products and services are not subject to a right of withdrawal, in accordance with the provisions of Article L221-28 of the Consumer Code:
- The provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;
- Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items
- Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- Concluded at a public auction;
- Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;
- Supply of digital content not provided on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
X. RETENTION OF TITLE CLAUSE
The Company remains the owner of the Products until full payment of the price.
XI. GUARANTEES
The Products sold on the Site comply with the regulations in force in France. The quality of the Products is guaranteed until their consumption date indicated on the packaging.
The Company is liable for defects of conformity under the conditions of Articles L217-4 et seq. of the Consumer Code and for hidden defects under the conditions provided for in Articles 1641 et seq. of the Civil Code.
In order to assert its rights, the Customer must inform the Company, in writing, of the non-conformity of the Products or the existence of hidden defects within the legal time limits indicated in the box below.
The Company will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and no later than fifteen (15) days following the Company's discovery of the lack of conformity or hidden defect. The reimbursement will be made using the same payment method as that used by the Customer for the initial transaction.
The Company shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Company's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
- The Customer has a period of 2 years from the delivery of the goods to take action;
- The Customer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
- The Customer is exempt from proving the lack of conformity during the 24 months following delivery of the goods (and this since March 18, 2016 – 6 months for used goods);
- The Customer benefits from the legal guarantee of conformity independently of any commercial guarantee that may have been granted;
- The Customer may decide to implement the guarantee against hidden defects provided for by article 1641 of the Civil Code; and then choose between the resolution of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.
XII. SOCIAL NETWORKS
The Company is present on social networks. In particular, we have our Instagram web page.
The Company is able to collect information when the Client browses social media pages or uses their authentication features.
To learn more about the protection of personal data when browsing these websites, the Customer is invited to consult the respective confidentiality policies of each of these websites.
Depending on the social network used, the Customer may have access to numerous features such as registering as a Site Customer, accessing sales, recommending sales to social network contacts, sharing sales on their personal page within the social network, creating events, viewing the list of orders, sponsorship via recommendation of Applications, sharing applications, etc.
Furthermore, due to the use of social media applications, some cookies may be issued by entities other than the Site and the issue, and the use of cookies by third parties are subject to the privacy policies of these third parties. The Company informs its Customers of the purpose of the cookies of which it is aware and the means available to Customers to make choices with regard to these cookies. For more information, the Customer is invited to consult the " Cookies " section in the legal notices available on the Site.
INTELLECTUAL PROPERTY RIGHTS
Access to and use of the Site grants the Customer a private and non-exclusive right to use this Site. This site and all elements published therein, including texts, photographs, illustrations, logos, brands, etc., are the property of the brand owner (GER'SON SNC) under copyright and intellectual property laws.
The modification, reproduction, representation and downloading of all or part of this Site, on any medium whatsoever, for use other than private use, are strictly prohibited under penalty of prosecution.
The Customer undertakes to respect all intellectual and industrial property rights attached to the Pierrot Gourmand brand, of which it declares to have full knowledge, in particular the brands, designs, recipes and models.
XIV. PROTECTION OF PERSONAL DATA
The Company undertakes to respect the confidentiality of personal data communicated by Customers on the Site and to process them in compliance with the provisions of the Data Protection Act of 6 January 1978 and Regulation No. 2016/679, known as the General Data Protection Regulation.
All information provided by the Customer to the Company during visits to our Site is strictly confidential. This information is necessary both for the processing of orders and for the commercial relations established between the Parties.
The Company informs the Client that this data will be used by its internal departments as well as those of the companies in the group to which the Company belongs.
For complete information on the processing of Customers' personal data on the Site, and the exercise of your rights, please consult the Pierrot Gourmand Personal Data Protection Policy .
XV.LIMITATION OF LIABILITY
The Company may be exonerated from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Client; or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by law and case law.
XVI. CONSUMER MEDIATOR – DISPUTE – APPLICABLE LAW
In the event of a dispute, the Customer will first contact the Company in order to find an amicable solution Pierrot Gourmande E-Boutique Customer Service on 05.65.10.46.18 from Monday to Friday from 8 a.m. to 6 p.m. (excluding weekends and public holidays) (non-premium rate call).
In the event of failure, the Customer has the option of bringing his complaints before the Consumer Mediator appointed by the Company.
The FEVAD e-commerce mediator service
60 rue la Boétie
75008 PARIS
email: mediateurduecommerce@fevad.com
website: https://www.mediateurfevad.fr/
In accordance with the rules applicable to mediation, any dispute must be submitted in advance in writing to the Pierrot Gourmand E-Boutique Customer Service – Zone Industrielle – 46130 Biars sur Cère.
ONLINE DISPUTE RESOLUTION PLATFORM: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
APPLICABLE LAW AND COMPETENT JURISDICTION: These General Conditions of Sale in French will be executed and interpreted in accordance with French law. In the absence of an amicable resolution of any dispute, the French courts will have jurisdiction.
XVII. ACCEPTANCE AND PRE-CONTRACTUAL INFORMATION
The fact that a person, natural or legal, places an order on the Site implies full and complete adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Company.
For all correspondence with the Company:
Pierrot Gourmand Customer Service
Industrial Zone
46130 Biars sur Cère
service.consommateur@pierrot-gourmand.com
ANNEX – Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property 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 latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements 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 between 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 L217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
