General conditions of use and sale
Date of entry into force: 03 October 2023
Preliminary article - Identification
This site is operated by t& c retail (below, " TARTINE ET CHOCOLAT »), TARTINE ET CHOCOLAT, Simplified joint-stock company with share capital of 4,400,000 euros, whose registered office is in Paris (75017), 29 rue Fortuny, registered in the Paris Company Trade Register under number 332 855 691, itself represented by Madame Émilie Zannier.
Article 1 - Our commercial policy
TARTINE ET CHOCOLAT Creates, designs, manufactures and markets ready -to -wear items, Accessories fashion, shoes, products of living art as well as furniture for children (hereinafter, " Products »).
TARTINE ET CHOCOLAT has set up, in parallel with Shops which it operates and its distribution network, an e-commerce distance sales system accessible to consumer customers (hereinafter, the " Customer ") Via the following URL: www.tartine-et-chocolat.com (hereinafter, the " Site »).
The purpose of these General Conditions is to define the terms and conditions of online sale and the delivery of products, as well as define the rights and obligations of the parties within this framework.
The applicable version of the General Conditions is that available online on the site on the date of the customer's order. They can be supplemented if necessary by conditions of use specific to certain services offered on the site, which complement these general conditions and, in the event of a contradiction, prevail over the latter.
The fact that TARTINE ET CHOCOLAT Do not prevail at a given time in any of the general conditions of sale cannot be interpreted as a waiver of re -engaging any of the said conditions later.
The nullity of a contractual clause does not result in the nullity of the general conditions of sale. The temporary or permanent incapplication of one or more clauses of the general conditions of sale by TARTINE ET CHOCOLAT cannot be worth renunciation on his part of the other clauses of the general conditions of sale which continue to have their effects.
The site is accessible to all users of the Internet network in principle 24/24, 7/7, except interruption, scheduled or not, by TARTINE ET CHOCOLAT Or its providers, for the needs of its maintenance and/or safety or cases of force majeure or update of the site. TARTINE ET CHOCOLAT cannot be held responsible for any damage, whatever the nature, resulting from the unavailability of the site.
TARTINE ET CHOCOLAT does not guarantee that the site will be free from anomalies, errors or bugs, or that the site will work without failure or interruption. In this regard, in this regard, it can freely and its full discretion any period of unavailability of the site or its content. TARTINE ET CHOCOLAT Nor can it be held responsible for data transmission problems, connection or unavailability of the network.
Article 2 - Buy on our Shop Online - Legal capacity
1. Legal capacity
The site is accessible:
- To any natural person with full legal capacity to engage in respect of these general conditions. The natural person who does not have full legal capacity can only access the site with the agreement of their legal representative.
- To any legal person acting through a natural person with legal capacity to contract in the name and on behalf of the legal person.
2. Acceptance of general conditions
The acceptance of these general conditions by the Customer is materialized by a check box in the order form. This acceptance can only be full and whole. Any acceptance subject is considered void and not avenue. The customer who does not accept being bound by these general conditions must not place an order on the site.
3. Registration on the site
The ordering on the site does not necessarily require the customer to register on the site by filling out the form provided for this purpose.
In all cases, the customer must provide theOutfit Information marked as compulsory.
If the customer decides to open a personal space, registration automatically results in the opening of an account on behalf of the Customer (hereinafter, the " Account ), Giving it access to a personal space (below, the " Personal space ) Which allows him to manage his purchases in a form and according to the technical means that TARTINE ET CHOCOLAT most appropriate judge.
The Customer guarantees that all the information he gives in the registration form is correct, up to date and sincere and is not marred by any deceptive nature.
He undertakes to update this information in his personal space in the event of modifications (in particular: change of postal address), so that they always meet the aforementioned criteria.
The Customer is informed and accepts that the information entered for creating or updating their account is proven to be his identity. The information entered by the customer engages him as soon as they are validated.
The customer can access his personal space at any time after having identified with his connection identifier as well as his password.
The Customer undertakes to personally use his account and not allow any third party to use it in his place or on his behalf, except to bear full responsibility.
He is similarly responsible for maintaining the confidentiality of his identifier and his password, any access to the site using the latter being deemed to be made by the customer. The latter must immediately contact TARTINE ET CHOCOLAT to the contact details mentioned in article 2 of these if he notices that his account was used without his knowledge. He recognizes TARTINE ET CHOCOLAT the right to take all appropriate measures in such cases.
The control form contains theOutfit Essential information on order, the price of products (including applicable taxes or taxes), payment methods and possible delivery methods as well as delivery costs.
Article 3 - Product characteristics - Card Gifts
Before any online order and in application, in particular the provisions of article L111-1 of the Consumer Code, the customer can read, on the site, the characteristics of each product he wishes to order.
The products comply with the French legislation in force and the standards applicable in France. The responsibility of the company TARTINE ET CHOCOLAT cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the customer to check with local authorities the possibilities of importing or using the products that you plan to order.
Article 4 - Order process
Once the selection is completed, you will have to validate the basket and then go to the next "delivery" step in order to enter the billing and shipping address, and choose the desired delivery method. The customer must clearly indicate the information necessary for delivery.
To finalize the order, the Customer must choose the payment method and will then be able to complete the confidential information relating to the purchase of his basket on the secure interface, which will formalize the sales contract firmly and permanently.
An email is automatically sent to the Customer to confirm their order, provided that the email address indicated in the form does not include an error.
This email confirms the order and summarizes the reference number of the order, the products ordered by the Customer and their prices, the procedures for delivery of the products, the procedures and conditions of withdrawal via his account and the address or link to the Customer service to which the customer can provide any questions regarding his order.
The Customer can follow the condition of his order by consulting the "My Account" section on the site. For any questions relating to monitoring of their order, the customer can contact customer service from TARTINE ET CHOCOLAT By telephone at + 33 (0) 1 81 69 57 24 (price of a non-surcharged call) from Monday to Friday, 10 a.m. to 1 p.m. and from 2 p.m. to 6 p.m., excluding holidays, or by email: contact@tartine-et- chocolate.com
Article 5 - Price
The sale prices of products are displayed on the site.
The selling prices of the products indicated are expressed in euros and are all taxes included (TTC) but do not include delivery costs, which are the responsibility of the customer and are invoiced in addition to the price of the products.
The sale prices of products are those in force on the date of the validation of the order by the Customer.
TARTINE ET CHOCOLAT reserves the right, to its free discretion and in the way of terms of which it will be the sole judge, to offer promotional offers or price discounts.
The delivery costs will be indicated before the final validation of the order by the Customer. Prices also do not take into account any promotional offers and personal discounts, indicated before the final validation of the order. Prices include value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of products sold by TARTINE ET CHOCOLAT on the site.
Product prices can be modified by the company TARTINE ET CHOCOLAT At any time, however, prices cannot be modified once the order of the customer is placed. In addition, if one or more taxes or contributions, especially environmental, were to be created or modified, upwards as down, this change may be reflected in the sale price of products sold by TARTINE ET CHOCOLAT on the site.
Article 6 - Payment methods
For the payment of the price of products and shipping costs, you can follow the terms indicated in your order form.
The entire price of the products is due to the order. At no time can the sums paid be considered as deposit or deposits. The Customer can pay his order online by bank card: Visa, Mastercard, American Express, Apple Pay and Paypal. The latter must indicate the number appearing to the front of his bank card, the expiration date of his bank card, the cryptogram appearing on the back of his bank card. The customer guarantees TARTINE ET CHOCOLAT that it has the authorizations necessary to use the payment method he will have chosen for his order, when validating his order form.
TARTINE ET CHOCOLAT reserves the right to suspend or cancel any execution of an order and/or any delivery, regardless of its nature and level of execution, in the event of default of payment or partial payment of any sum which would be due by The Customer, in the event of a payment dispute during administration, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
It is also possible that TARTINE ET CHOCOLAT Request for supporting documents to the Customer before validating an order. Indeed, as part of a command verification procedure, TARTINE ET CHOCOLAT will be able to ask the customer to send by email, mail or fax a Outfit of supporting documents. The order will then only be validated after receipt and verification of the elements sent. In the absence of receipt, within 15 days of the order, the latter will be deemed to be automatically canceled.
The customer can make their purchases in peace; We undertake to do everything to ensure the security and confidentiality of the data transmitted online, in particular bank details, via our payment partners. The site uses a secure payment mode SSL (Secure Socket Layer) which allows the encryption of bank details during their transmission to the network. The customer can see that the transmission is encrypted by software as soon as the symbol of the padlock appears in his browser. The transaction is carried out via its payment partners, who alone have banking information provided on the site at the time of payment.
Once the order is placed, the Customer will have the original invoice in the "My Account" section on the site.
TARTINE ET CHOCOLAT Keep the full ownership of the products sold until perfectly collection, delivery costs included.
ARTICLE 7 - Shipping
TARTINE ET CHOCOLAT Book in the following countries of the European Union: France and Monaco, Germany, Austria, Saudi Arabia, Australia, Belgium, Bulgaria, Brazil, Canada, Cyprus, Côte d'Ivoire, Croatia, Denmark, United Arab Emirates, Spain, Estonia , Finland, Greece, Hungary, India, Israel, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Morocco, Mexico, Norway, Pays-Bottoms, Poland, Portugal, Qatar, Czech Republic, Romania, United Kingdom, Singapore, Switzerland, Slovakia, Slovenia and Sweden (excluding private areas requiring the excluding tax sale, including DOM-TOM) and in the United States of America.
For more information on delivery, the customer can contact customer service by phone at + 33 (0) 1 81 69 57 24 (price of a non -surcharged call) from Monday to Friday, 10 a.m. to 1 p.m. and from 2 p.m. to 6 p.m., excluding holidays, or by e-mail: contact@tartine-et-chocolat.com
The products are delivered to the address provided by the Customer when ordering or at the relay point of his choice. The customer must verify the completeness and compliance of the information he provides to TARTINE ET CHOCOLAT. In the event of an error of the customer in the delivery address, the package will be returned by the carrier with the NPAI mention ("does not live at the address indicated"). In the event of delay and/or delivery error, the customer may in no case engage the responsibility of TARTINE ET CHOCOLAT in the event of a delivery defect, and the customer service of TARTINE ET CHOCOLAT will contact the customer for a second delivery to the customer.
The customer is informed before the validation of his order of possible delivery methods for the ordered product as well as the deadlines and costs corresponding to each of these modes.
The Customer must select the desired delivery method and give all the information necessary for the actual delivery of the product according to this mode.
The customer is solely responsible for recovering the products delivered within the necessary deadlines.
TARTINE ET CHOCOLAT cannot be held responsible for delivery delays if they are attributable to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure.
Delivery is offered from € 200 purchase, in Colissimo (excluding furniture) with discount without signature. We offer a "new customer" offer with the WELCOME code: free delivery for a first order, limited to use by customer. This offer is not combined with any other promotional offer and not valid on the prices stored and the Low Price.
For any order placed online and confirmed on the site, the preparation of the order will take place within 2 working days, within the limits of available stocks. In the case of an order which would include one or more unavailable products, TARTINE ET CHOCOLAT Explays only the available products of the order and proceeds to the cancellation and therefore the reimbursement of unavailable products. Customer service will then contact as soon as possible with the customer.
An email will be sent to you at the time of shipping products, provided that the email address indicated in the registration form does not include an error. Upon receipt of this email, you can take into account the delays of the carriers announced below.
Colissimo:
This delivery method guarantees the presentation of your package under 3 to 5 working days for the sum of 6.90 euros, in mainland France and Monaco only, from shipment thanks to the post and the Colissimo service (excluding time of control and preparation of the command). Deliveries are made from Monday to Saturday morning, except holidays. The package is supported by the Post Office and given to the delivery address indicated by the Customer. In the absence of the customer during delivery and if the packages of the package allow it, the factor will leave the package in the mailbox. Otherwise, a passing notice will indicate to the customer where to withdraw the package from the nearby post office for 15 days.
Relay point:
This delivery method offers you to be delivered in one of the relay points in France and in certain European countries. The costs of preparation and delivery in relay point are 4.90 euros. The average delivery time in relay point is 5 working days. You will be informed by email of the arrival of your relay package; You have a period of 7 working days from the date of sending the email to collect your order, upon presentation of an identity document in force. In the event of a non -withdrawal within the deadlines imparted by the carrier, the products will be returned to the sender. Upon receipt of the package at the sender, the site www.tartine-et-chocolat.com will reimburse the customer from the amount of the products ordered on the basis of the price billed, excluding delivery costs.
Chonopost:
This delivery method guarantees the shipment of the package within 48 hours for the sum of 9.90 euros, in mainland France and in Monaco only, from shipping thanks to the Chronopost service (excluding processing and preparation of the order). Deliveries are made from Monday to Saturday, except holidays. The package is supported by Chronopost and given to the delivery address indicated to the order. Package monitoring is carried out on the site www.chronopost.fr/suivi with the number of the transport voucher of your package. In the event of absence during delivery, an SMS will be sent to you, indicating to you where to withdraw your package in the Package relay or the closest Chronopost agency within 10 days. In the event of a non -withdrawal within the deadlines imparted by the carrier, the products will be returned to the sender. Upon receipt of the package at the sender, the site www.tartine-et-chocolat.com will reimburse the customer from the amount of the products ordered on the basis of the price billed, excluding delivery costs.
Colissimo International:
This delivery method is reserved for European countries, and allows you to present your package between 3 to 8 working days from 7.90 euros. Delivery is only made from Monday to Friday except holidays. The package will be given against signature. In the event of absence during delivery, a passing notice with the contact details of the carrier will be filed to agree with a new presentation. Orders may be subject to any taxes and customs fees of the destination country and will be the responsibility of the customer.
UPS:
This delivery method (express delivery) is reserved for the shipment of parcels to European countries with the exception of Cyprus from 12.90 euros. It allows the customer the presentation of his package within 48 hours. Orders may be subject to any taxes and customs fees of the destination country and will be the responsibility of the customer.
DHL:
This delivery method is reserved for the shipment of parcels to the international (excluding mainland France and Europe). It allows you to present your package between 3 and 5 working days from 12.90 euros. Orders may be subject to any taxes and customs fees of the destination country and will be the responsibility of the customer.
In Shop :
This delivery method allows you to be delivered free of charge in mainland France in one of the Shops participants under 3 to 5 working days.
Our products are packaged in order to comply with vigor transport standards, and to ensure optimal protection of products during their delivery. The customer is asked to comply with these same standards when returning from the product. Any damage noted of a product on the return due to a problem of not respected packaging may result in partial refund or non-reimbursement of the product in the event of impossibility of resale as it is or in the event of worsening of the technical problem indicated.
We recall that it is the customer's responsibility to inspect his packages upon receipt and to notify any anomaly (damage, damage to the package, a missing product compared to the delivery slip, broken products, delivery date not in accordance with normal deadlines delivery service, reference error, etc.) to the company TARTINE ET CHOCOLAT, within 3 working days. In the event that such mentions have not been brought to the attention of TARTINE ET CHOCOLAT, The product is deemed to be accepted by the customer and cannot be subject to any dispute concerning their delivery.
You are responsible for the goods deposited in your hands as soon as they are given, the transfer of possession resulting in the transfer of risks.
Article 8 - Packaging
The packaging option Gift is available online!
You just need to add the option to your basket before validating your order. The order will thus be carefully packed by hand in a package Tartine et Chocolat within the limit of a packaging Gift Maximum by item ordered.
You will also be able to reach a card where you can note a personalized message.
Please note: the option cannot apply to bulky items (Soft toy 35 cm, deckchair, Moses basket, Furniture...) and this option offers a single packaging Gift by order.Article 9 -Furniture
It is up to the customer to specify during the appointment with the delivery company the carrier accessibility. Specify if difficult access (pedestrian street, paths, etc.) Attention furniture, beds, dressers and cloths are voluminous.
The furniture is delivered to the "door no door", that is to say that delivery is made in Bottoms of your building or at the entrance to the home. The customer must make his arrangements to be able to receive the package (s) and the transport (s) to the desired part.
You are responsible for the goods deposited in your hands as soon as they are given, the transfer of possession resulting in the transfer of risks.
If the customer is unable to receive furniture on the date agreed beforehand with the carrier, he must then request a new delivery from customer service by email: contact@tartine-et-chocolat.com or by phone: + 33 (0) 1 81 69 57 24. The company TARTINE ET CHOCOLAT undertakes to honor the deliveries of furniture at the doorstep of the customer within the agreed deadlines. If the schedule offered by the carrier is not suitable for the Customer, the appointment will be postponed to a later date without damages. Similarly, if the delivery could not intervene due in particular, and by way of example, of incomplete information by the customer, the latter will bear the charge of the costs of a second delivery up to 200 euros. Delivery of Furniture is offered from € 2,500 purchase, in mainland France.
During delivery, the carrier will present the transport document to the customer in double copy:
- A pre -filled copy for the carrier; And
- A copy for the customer.
TARTINE ET CHOCOLAT Particularly attracts the attention of its customers to pre -filled areas:
- The number of packages
- The condition of the packaging
- The state of the product after unpacking by the delivery man
- The quality of the assembly.
These four boxes must be checked. In case of disputes, TARTINE ET CHOCOLAT Invites the customer to block the mentions already registered and to note his reservations, in the presence of the carrier. All reservations must be noted in a detailed and precise manner in the three boxes provided for this purpose and on both copies. The imprecise formulations, such as "subject to unpacking" or "subject to verification" are worthless.
Please note: when the Customer signs the delivery note of the carrier, he acknowledges having received the goods in good condition. Any damage identified thereafter will not be able to call into question the responsibility of the carrier and be subject to a compensation request. TARTINE ET CHOCOLAT recommends waiting for the end of the intervention and take the time to control everything before signing the vouchers of the carrier.
Finally, it does not belong to the transport provider to check the identity of the person present when the order is delivered and who would accept the said order by signing the delivery form. The signature by any person you would have responsible for receiving the order on the order form confirms the good reception of the said order, its content and the number of associated packages indicated on the delivery slip.
It is specified that for each piece of furniture, the finish can be different, and in particular the color. The nuances form part of the identity of the product and are considered normal and acceptable. They do not constitute a valid reason for exchange or reimbursement.
After delivery and in the event of a dispute, the customer has a period of 72 hours worked to signify customer service Tartine et Chocolat, Any product missing or damaged during transport.
It is up to the customer to provide in the form of photography (s) any justification for the reality of the damage noted. The customer will refrain from intervening himself or to involve a third party to try to remedy it.
In the event of non-compliance or proven vice, TARTINE ET CHOCOLAT undertakes to replace non -compliant delivery. In no case can any compensation require any compensation. The delivery slip (letter of car) delivered by the carrier, dated and signed by the customer when delivery of the products will constitute proof in terms of transport and delivery.
Eco-participation: Tartine et Chocolat is recorded in the National Directors Register on the furnishings market under the number FR015403. This number guaranteed that Tartine et Chocolat, By joining Eco-Furniture, complies with the regulatory obligations incumbent upon it in application of article L 541-10-1 10 ° of the environment code.
Article 10 - Right of withdrawal and returns
The right of retraction will be exercised according to the terms provided for in the consumer code. A standard withdrawal form is reproduced in appendix 2 of these.
All products may be withdrawn, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1. of provision of services fully executed before the end of the withdrawal period and whose execution began after the express prior agreement of the consumer and expressly renouncing their right of withdrawal;
2. Supply of goods or services whose price depends on fluctuations on the financial market escaping the control of the professional and likely to occur during the withdrawal period;
3. Supply of goods made according to consumer specifications or clearly personalized;
4. Supply of goods likely to deteriorate or expire quickly;
5. Supply of goods which have been unconstruction by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6. Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
7. The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market escaping the control of the professional;
8. Maintenance or repair work to be carried out in an emergency at the consumer's home and expressly contacted by him, within the limits of spare parts and strictly necessary work to respond to the emergency;
9. Supply of audio or video recordings or computer software when they were unicked by the consumer after delivery;
10. Supply of a newspaper, a periodical or a magazine, except for the subscription contracts to these publications;
11. Concluded during a public auction;
12. Services 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 period;
13. Supply of digital content not provided on a material medium whose execution began after express prior agreement of the consumer and expressly renouncing their right of withdrawal.
TARTINE ET CHOCOLAT cannot be held responsible if the customer incorporates his delivery address incorrectly.
For deliveries made in mainland France:
For deliveries in mainland France, returns are free thanks to the Colissimo return voucher available in your account.
Step 1:
Connect to your account on the site and go to your "customer account" to the "My orders" section. Select the order concerned and click on "Return a product".
Choose it or the product (s) to be returned, specify the amount of returned product (s) as well as the return pattern and validate. An explanatory email is automatically sent to you.
Print the attachments: insert the return voucher into your package and glue the right carrier on your package.
Step 2:
Prepare your package and place it:
- in post office
- In your mailbox before 8:00 a.m. without forgetting to make a request on www.laposte.fr/ Retourbal
If you opt for a post office or a merchant of the La Poste network, do not forget to have the cachet or the signature affixed. This proof of deposit will allow you to follow the delivery of your return or in the event of a complaint.
Upon receipt of the package and subject to the control of the items, we will reimburse directly on the means of payment used for the purchase. If you have paid with a voucher, it will be recredited.
We invite you to preciously keep proof of filing, in the event of a complaint.
For deliveries in Europe (excluding metropolitan France):
For deliveries outside mainland France, returns are at your expense as well as any customs taxes.
Step 1:
Connect to your account on Tartine-et-chocolat.com and go to your "customer account" at the "My orders" section. Select the order concerned and click on "Return a product".
Choose it or the product (s) to be returned, specify the amount of returned product (s) as well as the return pattern and validate. An explanatory email is automatically sent to you.
Print the attachments: insert the return voucher into your package and glue the right carrier on your package.
Step 2:
Prepare your package and place it in a postal center.
Returns are to be declared in your customer area on the site, in the "Orders" section.
An email with the return slip will then be sent to you and the return costs will be disoriented from your refund.
If you opt for a post office or a merchant of the La Poste network, do not forget to have the cachet or the signature affixed. This proof of deposit will allow you to follow the delivery of your return or in the event of a complaint.
Upon receipt of the package and subject to the control of the items, we will reimburse directly on the means of payment used for the purchase. If you have paid with a voucher, it will be recredited.
We invite you to preciously keep proof of filing, in the event of a complaint.
For international deliveries (excluding metropolitan and Europe):
Step 1:
Connect to your account on Tartine-et-chocolat.com and go to your "customer account" at the "My orders" section. Select the order concerned and click on "Return a product".
Choose it or the product (s) to be returned, specify the amount of returned product (s) as well as the return pattern and validate. An explanatory email is automatically sent to you. Print the attachment: insert the return voucher into your package.
Step 2:
Return the items with the carrier of your choice as soon as possible (DHL, FEDEX, UPS, we recommend you select delivery monitoring) at the following address:
Logtex Return Service
Tartine et Chocolat
2 allée de Belgique
Zi Artoipole
62128 Wancourt
FRANCE
The return costs are your responsibility.
Upon receipt of the package and subject to the control of the items, we will reimburse directly on the means of payment used for the purchase. If you have paid with a voucher, it will be recredited.
We invite you to preciously keep proof of filing, in the event of a complaint.
TARTINE ET CHOCOLAT Inform that no refund may take place before having previously received and controlled the conformity of the state of the product (s) concerned by this request.
In the event that there is no correspondence between the recipient of the products indicated in the order form and the one who made the payment of the sums due for the purchase, the reimbursement of the sum, in the event of the exercise of the right to renunciation, will be carried out by TARTINE ET CHOCOLAT, In any case, to the one who made the payment.
The return is offered within the limits of a return by order, delivered to mainland France.
If the Customer wishes to make an additional return to an order having already benefited from a first return, the Customer must contact customer service so that it validates the request. It should be noted that the shipping costs will be borne by the customer.
To obtain more information on the return of your additional return package, we invite the customer to contact customer serviceTARTINE ET CHOCOLAT At the following email address: contact@tartine-et-chocolat.com or at +33 (0) 1 81 69 57 24.
Article 11 - Legal guarantees
TARTINE ET CHOCOLAT However, recalls that the Customer benefits from legal non-compliance guarantees as well as because of the hidden defects in the thing sold, including compliance defects resulting from the packaging of the products ordered on the site.
If the customer notes that the product delivered to him presents a defect, a lack of conformity or is damaged, he must inform TARTINE ET CHOCOLAT to the contact details mentioned in article 2 of these, by indicating the nature of the defect, the non-compliance or the damage noted and by sending it any useful proof, in particular in the form of photography (s).
TARTINE ET CHOCOLAT Organize with the carrier of its choice the terms of return, which it will inform the buyer by any useful means. TARTINE ET CHOCOLAT will bear the costs of this return.
Products must imperatively be returned to TARTINE ET CHOCOLAT in their original packaging.
The feedback from products that do not respect the terms described above cannot be taken into account.
TARTINE ET CHOCOLAT will carry out the necessary checks and will offer the customer the replacement of the product as far as possible. If the replacement of the product is impossible, TARTINE ET CHOCOLAT will reimburse the customer the entire price paid for the product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which TARTINE ET CHOCOLAT The aura informed of the impossibility of replacing the product.
The legal texts relating to legal guarantees are reproduced in appendix 1 of these.
Article 12 - Customer obligation
Customers are solely responsible for the choice and use they make of products. It is up to them to check the adequacy of products to their specific needs and constraints prior to the purchase of said products.
Finally, it is up to customers to take all appropriate measures to protect their own data and/or software stored on their IT equipment and this against any involvement.
Article 13 - Responsibility of TARTINE ET CHOCOLAT
1. TARTINE ET CHOCOLAT undertakes to carry out checks regularly in order to verify the operation and accessibility of the site. As such, TARTINE ET CHOCOLAT reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, TARTINE ET CHOCOLAT cannot be held responsible for the momentary difficulties or impossibilities of access to the site which would originally have external circumstances, force majeure, or which would be due to disturbances of the telecommunications networks.
2. TARTINE ET CHOCOLAT does not provide the customer with no guarantee as to the adaptation of products to their needs, expectations or constraints.
3. The responsibility of TARTINE ET CHOCOLAT is excluded in the event of damage, direct or indirect, affecting goods or persons, suffered by the customer or a third party, and resulting from the following cases:
4. Negligence or fault committed by the customer or by a third party;
5. Any use in conditions that are obviously non -compliant for the use of products.
6. TARTINE ET CHOCOLAT cannot be held responsible for non -performance or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, being expressly specified that are considered as force majeure, In addition to those who are usually retained by the jurisprudence of French jurisdictions: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blocking of telecommunications networks, means of transport or Postal services including because of strikes, the damage caused by viruses for which the security means on the market do not allow their eradication, as well as any legal or regulatory or public obligation imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
7. In any event, the responsibility likely to be incurred by TARTINE ET CHOCOLAT In terms of theses is expressly limited to only proven direct damage suffered by customers.
Article 14 - Personal data
TARTINE ET CHOCOLAT Practice a personal data protection policy, the characteristics of which are explained in the document entitled "Privacy Policy", the customer of which is expressly invited to read.
TARTINE ET CHOCOLAT understands that data and privacy protection is an issue for theOutfit Internet users visiting the site. TARTINE ET CHOCOLAT In accordance with RGPD regulations, to respect your privacy and to protect your personal data, that is to say likely to identify you directly or indirectly as a person.
As part of the order, TARTINE ET CHOCOLAT aims to collect personal data from the customer. TARTINE ET CHOCOLAT undertakes to protect personal data from customers.
The files with personal data necessary for the order are notably kept on the servers of the host host. This service provider ensures that it is in accordance with the prescriptions of the General Data Protection Regulations (GDPR). TARTINE ET CHOCOLAT Do not communicate and do not trade in personal data from customers.
At the order of the order on the site, the Customer expressly agrees to the collection and processing of his personal data necessary to carry out orders.
Personal data collected by TARTINE ET CHOCOLAT aim to allow the completion of the order. The different personal data will not be kept longer than necessary for the purposes for which they have been collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of law n ° 78-17 of January 6, 1978, as modified by law n ° 2004-801 of August 6, 2004 called "Data Protection", and to the General Data Protection Regulations (RGPD) , subject to justifying your identity, any customer, whatever their nationality, has a right of access, modification and deletion of their personal data. Each customer is also entitled to request a limitation of processing their data and also has a right to data portability as well as a right to oppose the processing of personal data concerning them.
In any event, any customer has the right to make any complaint with the CNIL.
Article 15 - Intellectual property
All the data of whatever kind, and in particular the texts, graphics, logos, icons, images, illustrations, audio or video clips, brands, software ... including the underlying technologies used, appearing on the site, are necessarily protected by copyright, trademark law and all other intellectual property rights.
Likewise, the customer undertakes not to copy all or part of the site. Any other use constitutes counterfeit and sanctioned under intellectual property without prior authorization of TARTINE ET CHOCOLAT. Any total or partial reproduction of our product catalog is strictly prohibited. Any creation of a hypertext link from a website to the site must be subject to express authorization to TARTINE ET CHOCOLAT.
Article 16 - Newsletter
By checking the box provided for this purpose or by expressly giving their agreement for this purpose, the customer accepts that TARTINE ET CHOCOLAT may send her, at a frequency and in a form determined by her, a Newsletter (newsletter) that can contain information relating to its activity.
Customers will have the ability to unsubscribe from Newsletter By clicking on the link provided for this purpose, present in each newsletters (newsletters).
Article 17 -Bloctel
You have the possibility of registering for free on a list of opposition to telephone canvassing Bloctel (www.bloctel.gouv.fr) in order not to be unwitting to a professional with which you do not have a contractual relationship in progress, In accordance with law n ° 2014-344 of March 17, 2014 relating to consumption.
Any consumer has the possibility of registering for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
Article 18 - Links and third -party sites
TARTINE ET CHOCOLAT can in no case be held responsible for the technical availability of websites or applications Musical mobile Operated by third parties (including its possible partners) to which the customer would access through the site.
TARTINE ET CHOCOLAT does not fall asleep for content, advertisements, advertisements, products and/or services available on such sites and applications Musical mobile third parties which are recalled that they are governed by their own conditions of use.
TARTINE ET CHOCOLAT Nor is it responsible for the transactions between the customer and any advertiser, professional or trader (including their possible partners) to which the customer would be oriented through the site and cannot in any case be a few Any disputes whether with these third parties concerning the delivery of products and/or services, the guarantees, declarations and other obligations to which these third parties are held.
Article 19 - Prohibited behavior
1. are strictly prohibited: (i) All behaviors likely to interrupt, suspend, slow down or prevent the site's proper functioning, (ii) all intrusions or attempts to intrude in the systems of TARTINE ET CHOCOLAT, (iii) All embezzlement of the site's system resources, (iv) All actions likely to impose a disproportionate charge on the latter's infrastructure, (v) all damage to safety and authentication measures, (VI) All acts of in order to infringe the financial, commercial or moral rights and interests of TARTINE ET CHOCOLAT or users of its site, (VII) any practice diverting the site for purposes other than those for which it has been designed and finally more generally (VIII) any breach of these general conditions or to the laws and regulations in force.
2. It is also strictly prohibited to monetize, sell or concede all or part of access to the site, as well as to the information it contains.
3. In the event of a breach of any of the provisions of this article or more generally, of offenses to laws and regulations, TARTINE ET CHOCOLAT reserves the right to take all appropriate measures and to initiate any legal action.
Article 20 - Integralness of the conditions
A change in legislation, regulation or a court decision making one or more clauses of these general and non -avenue general conditions of sale cannot affect the validity of these general conditions of sale. Such a change or observation could in no case allow the customer not to comply with these general conditions of sale.
Article 21 -Duration and application
These conditions apply throughout the duration of online services offered by TARTINE ET CHOCOLAT. The latter reserves the right to adapt or modify these general conditions of sale at any time. However, in the event of modifications, the general conditions of sale applicable to the order placed by a customer on the site are those accepted by the customer on the day of the placing of his order.
Article 22 -Applicable law and disputes regulation (including mediation)
These conditions as well as the training, interpretation and effects of any sales contract concluded on the general site are governed by French law.
It is also recalled that any consumer has the right to use a consumption mediator for free for the amicable resolution of the dispute which opposes a professional. To this end, TARTINE ET CHOCOLAT Guarantees the customer the effective appeal to a mediation system for consumption.
Mediation of consumption disputes: in accordance with the provisions of the consumer code concerning the amicable settlement of disputes, TARTINE ET CHOCOLAT Adheres to the mediator service the center of mediation of the consumption of justice conciliators.
In the event of a dispute, you can submit your complaint on its site: www.cm2c.net or by post by writing to 49 rue de Ponthieu, 75008 Paris.
You can use the mediation service for consumption disputes linked to an order placed on the Internet.
It is finally recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding the use of justice. In the event of failure of this mediation procedure or if the Customer wishes to enter a court, the rules of the Code of Civil Procedure will apply.
The customer can also come into contact with the dispute resolution platform posted by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the event of a question or complaint, the customer may address whether he wishes to customer service from TARTINE ET CHOCOLAT By phone: at + 33 (0) 1 81 69 57 24 (price of a non-surcharged call) Monday to Friday, 10 a.m. to 1 p.m. and from 2 p.m. to 6 p.m., excluding holidays, by e-mail: contact@tartine- Et-chocolat.com or by mail at the head office of TARTINE ET CHOCOLAT : 29 rue Fortuny 75017 Paris.
In the event of legal settlement of the dispute, the competent court will be appointed in accordance with the rules of jurisdiction issued by French law.
Annex 1 -Legal texts relating to guarantees
Article L. 217-4 of the Consumer Code:
The seller is required to deliver good to the contract and responds to existing compliance defects during issuance. He also responds to compliance defects resulting from the packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
The property is in accordance with the contract:
If it is specific to the usually expected use of a similar property and, if applicable:
-if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if he presents the qualities that a buyer may 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 if he presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted.
Article L. 217-7 Consumer code:
The defects of conformity which appear within twenty-four months from the issuance of the property are presumed to exist at the time of deliverance, unless proven otherwise. For second -hand goods, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked.
Article L. 217-8 Consumer code:
The buyer is entitled to demand the conformity of the property from the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same is true when the defect originates in the materials which he himself provided.
Article L. 217-9 Consumer code:
In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice results in a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then required to proceed, except impossibility, according to the modality not chosen by the buyer.
Article L. 217-10 Consumer code:
If the repair and replacement of the property are impossible, the buyer can make the property and be returned the price or keep the property and have part of the price. The same faculty is open to him:
1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2 ° or if this solution cannot be without major inconvenience for it given the nature of the property and the use it seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor. »»
Article L.217-11 of the Consumer Code:
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost for the buyer. These same provisions do not preclude damages allocation.
Article L. 217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the issuance of the property.
Article L. 217-16 of the Consumer Code:
When the buyer requests the seller, during the price of the commercial guarantee which was granted to him when the acquisition or repair of a furniture is acquired, a repair covered by the guarantee, any period of immobilization of 'At least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's intervention request or the provision for compensation for the property in question, if this provision is after the request for intervention.
Article 1641 of the Civil Code:
The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is destined, or which decreases this use so much, that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1643 of the Civil Code:
He is held hidden vices, all the same he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644 of the Civil Code:
In the case of articles 1641 and 1643, the buyer has the choice to make it and to be returned the price, or to keep it and have part of the price.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from crumbling vices must be brought by the buyer within two years from the discovery of the vice.
Annex 2 -withdrawal form
Retraction
Return service
I notify you by this, my withdrawal of the contract relating to the product below mentioned:
Ordered: Order number: Customer name: Customer address:
Customer signature:
Date :
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