TERMS AND CONDITIONS OF SALE

Last update : 18/05/2022

1. PREAMBLE

1.1            POILÂNE, a simplified joint stock company with a share capital of €1,605,344, whose registered office is located at 8 rue du Cherche midi, Paris (75006), registered in the Paris Trade and Companies Register under number 324 445 030 and whose unique identifier is FR235221_01PFBG (" POILÂNE ", " we ", " us" , " our" ) is the publisher of the POILÂNE e-commerce website accessible at  https://poilane.com/  (hereinafter the " Website ").  Access to and use of the Site are subject to these "Terms and Conditions of Sale" (or " T&C" ) as well as to applicable laws and regulations.  

1.2            These T&C are applicable between POILÂNE and the users of the Site who place an order and purchase a Product (hereinafter the " Customers ", " you ", " your" ). 

2. DEFINITIONS

2.1            The terms and expressions defined below have the following meaning:

(a)             Customer : refers to any user who places an order and purchases a Product on the Site .

(b)             User Account : means the account that each user may have on the Site in order to place an order. 

(c)             Parties : means both POILÂNE and the Customer.

(d)             POILÂNE : refers to the company POILÂNE, a simplified joint stock company with a capital of €1,605,344, whose registered office is located at 8 rue du cherche midi in Paris (75006), registered in the Paris Trade and Companies Register under number 324 445 030.

(e)             Product : refers to the breads, biscuits, bakery products, pastries, grocery products, accessories and boxes offered for sale on the Site .

(f)              User : means any person who uses the Site .

3. ACCEPTANCE AND ENFORCEABILITY

3.1            The purpose of these T&C is to define the terms and conditions of the contract concluded between you and us at a distance. The T&C define the obligations and commitments of the Parties in the process of ordering Products.

3.2            These T&C are enforceable against the Customer as soon as the latter has accepted them when placing an order on the Site.

3.3            The T&C may be modified or amended at any time by POILÂNE. The new version of the T&C will be notified to the Customer.

4. ORDER ON THE WEBSITE

4.1           Order 

(a)            The Customer who wishes to order on the Site must first select the Products he/she wishes to purchase, adjust the desired quantity of these Products and then add them to his/her shopping cart.

(b)            Once the shopping cart is complete, the Customer can access it and check the content, as well as adjust the quantity of the selected Products and add a personalised message if the purchase is a gift.

(c)            Once the shopping basket has been validated, the Customer acknowledges that he/she has (i) read the T&C and accepted them by ticking a box to this effect and (ii) read the possible delivery methods and confirmed that he/she has been informed of them. The Customer then clicks on the "Proceed to payment" button. This continuation of the order constitutes proof that the Customer has taken note of the T&C and is deemed to have accepted them without reservation. 

(d)            The Customer must fill in his personal information either : 

(i)              after logging into his User Account by entering his e-mail address and password. This assumes that the Customer has previously created his User Account on the Site (where he will have had to enter his surname, first name, e-mail address and password for its creation).

(ii)             by simply indicating your e-mail address and the desired delivery address.

(e)            After providing their contact information, the Customer must select the delivery method they wish to use between pick-up in a shop (Click & Collect), delivery by courier or home delivery. For Click & Collect, the Customer must select the Poilâne shop of their choice as well as the desired time slot to collect their order. For all delivery methods, the Customer can choose the delivery date.

(f)             The Customer will then be informed if the selected Products are available according to the chosen delivery method. If not, the Customer can go back to his shopping cart to adjust it.

(g)            In order to finalise the order, the Customer must enter his/her bank details in order to make the payment by credit card. 

(h)            POILÂNE acknowledges receipt of the order as soon as it has been validated by sending the Customer an order confirmation e-mail summarising the Products ordered and the delivery address.

(i)              In certain cases, notably for non-payment, incorrect address or any other problem related to the User Account, POILÂNE reserves the right to block the order until the problem is resolved. 

4.2           Order modification

(a)            For any modification of the order (delivery address, delivery date or content of the order), the Customer must contact the customer service department at the latest two (2) hours after placing the order if it has not already been prepared. 

(b)            The Customer may contact customer service by sending an e-mail to poilane@poilane.com, via the form on the Site, or by calling +33 1 44 39 26 50. 

(c)            In the event of a change to the order within the time limit specified in this article, POILÂNE will invoice or refund the difference in amount to the Customer. In the event of a modification outside the time limit specified in this article, no modification and no refund will be made.

5. PRODUCTS

5.1            The Products are offered to the Customer within the limits of available stocks and according to their availability depending on the Customer's delivery address and the delivery method chosen. Each Product offered is accompanied by a photograph, as well as a presentation and technical description of the Product. The descriptions are intended to present the Product and to provide the essential characteristics of the Product to the Customer and cannot in any way engage the responsibility of POILÂNE.

5.2            The photographs of the Products are provided for information purposes only and are not part of the contract. 

6. TERMS OF DELIVERY

6.1            Two types of delivery are offered to the Customer: delivery by courier and home delivery, which is available in France and abroad.

6.2            Orders by courier can be delivered to the Customer's home in Paris intramuros or Paris surroundings (Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Courbevoie, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, La Défense, La Garenne-Colombes, Le Kremlin-Bicêtre, Le Pré-Saint-Gervais, Les Lilas, Levallois-Perret, Malakoff, Montreuil, Montrouge, Nanterre, Neuilly-sur-Seine, Pantin, Puteaux, Saint-Denis, Saint-Mandé, Saint-Ouen, Vanves and Vincennes).

6.3            Orders can be delivered to the Customer's home in mainland France, French islands (including Corsica, Île de Ré, Île de Bréhat, Île d'Ouessant, Île Molène, Île de Batz, Belle Île en mer, Groix, Île aux Moines, Île de Noirmoutier and Île d'Yeu) and Monaco by Colissimo or TNT. 

6.4            Orders are also delivered to Australia, USA, Japan, Belgium, Germany, Luxembourg, Netherlands, Italy, Spain, Austria, Denmark, Finland, Ireland, Poland, Portugal, Sweden, Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Romania, Slovakia, Slovenia, Switzerland, Norway, United Kingdom by Fedex. 

6.5            Deliveries are made within the time period specified in the order.

6.6            The Customer is responsible for the information relating to the name and address of delivery. These details must be precise, accurate and complete to enable delivery under normal conditions. For a delivery by courier, the recipient is responsible for the information given, in particular the door code and floor as well as the telephone number. If the courier is unable to contact the Customer, the Customer will not be entitled to a refund of the delivery costs. 

6.7            POILÂNE will not be held responsible for any return delivery due to an address error or the impossibility of delivering to the address indicated.

6.8            In the event that a delivery address is incomplete or inaccurate, POILÂNE reserves the right to contact the recipient directly by telephone in order to complete the missing delivery information with the recipient, provided that the telephone number is not incorrect and the recipient is available. If this is the case, the recipient will be charged additional delivery costs for the new delivery.

6.9            In the event of a delay in delivery caused by POILÂNE, the Customer will be informed via the contact details provided. It is therefore important that the details are complete and accurate. In the event of failure to deliver on the date indicated or within the time limit specified, POILÂNE undertakes to arrange a new delivery date with the Customer and to replace the Products which are no longer consumable.

6.10          All Products purchased from POILÂNE are delivered to Customers via a transport company. All risk of loss or damage to the Products passes to the Customer at the time the Customer or a third party designated by the Customer, other than POILÂNE's carrier, takes physical possession of the Products.

6.11          In the case of a "Click & Collect" order, the Customer undertakes to collect the order from the POILÂNE Boutique on the day and time slot chosen.

6.12          As the Products are perishable, POILÂNE will not be able to keep an order that has been forgotten by the Customer. Any forgotten order will not be reimbursed under any circumstances.

7. PRICES AND PAYMENT

7.1            Payment for Products is made by VISA, MASTERCARD or AMERICAN EXPRESS credit card, online from the Site, using the secure payment system set up by STRIPE. For more information, we invite you to consult the terms and conditions and the privacy policy of STRIPE available on our Site at the time of payment. 

7.2           Delivery charges 

(a)            Payment must be made in euros. All prices displayed on the Site are in Euros and include the amount of VAT applicable in France. 

(b)            The delivery costs are indicated when choosing the delivery method, depending on the country and the order.

(c)            In the event of non-payment, POILÂNE reserves the right to block the order until the problem is resolved. In the event of prolonged non-payment, POILÂNE reserves the right to terminate the sale by operation of law, without prejudice to any other damages.

8. GUARANTEES

POILÂNE shall be held liable for any defects in conformity of the Products in accordance with articles L.217-4 and following of the French Consumer Code and for any latent defects in the goods sold, in accordance with articles 1641 and following of the French Civil Code. 

8.1            Legal guarantee of conformity

(i)              The Customer has a period of two (2) years from the delivery of the goods to act on the basis of the legal guarantee. In this respect, the Customer must demonstrate the date and place of purchase (e.g. Site) of the Product.

(ii)             In the event of a lack of conformity, the Customer may choose between repair or replacement of the goods, in accordance with Article L. 217-9 of the Consumer Code. POILÂNE may however choose not to proceed according to the Customer's choice if this choice would entail a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. 

(iii)            If repair or replacement of the goods is impossible, the Customer may choose between the return of part of the price or the cancellation of the contract, in accordance with Article L. 217-10 of the Consumer Code. 

(iv)           During the two (2) years following the delivery of the goods that are the object of the order, the Customer is exempted from proving the existence of the defect in conformity. This guarantee of conformity does not apply to normal wear and tear of the Products.

8.2            Warranty against defects in the goods sold

(i)              The Customer may also exercise the guarantee against hidden defects of the thing sold as provided for in Article 1641 of the Civil Code.

(ii)             In this case, the Customer may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

9. RIGHT OF WITHDRAWAL

9.1           What is the right of withdrawal?

In accordance with article L.221-18 of the French Consumer Code, the Customer may withdraw from his order without having to give any reason and without penalty, within fourteen (14) days of receiving the Products that are the subject of the order, by the Customer or by a third party designated by the Customer.

9.2           Cases where the right of withdrawal cannot be exercised

(a)            The right of withdrawal is excluded for the following products: 

·       products made to the consumer's specifications or clearly personalised;

·        products that are likely to expire quickly or deteriorate rapidly;  

·       products that are unsealed after delivery and cannot be returned for reasons of hygiene or health protection; and 

·       products which, after delivery and by their nature, are inseparably mixed with other articles.

The right of withdrawal therefore only applies to non-perishable Products, i.e. accessories and boxes offered for sale on the Site.

9.3           Conditions for exercising the right of withdrawal

(a)            In order to exercise the right of withdrawal for the Products concerned, the Customer must notify his decision to withdraw by means of an unambiguous statement: 

·       by mail to POILÂNE, 8 rue du Cherche midi in Paris (75006);

·       by email to  poilane@poilane.com  ; 

by returning the withdrawal form below in accordance with the annex to article R.221-1 of the French Consumer Code. 

To the attention of POILÂNE, 8 rue du cherche midi, 75006 PARIS, poilane@poilane.com 

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:

Ordered on (*)/received on (*) :

Name of Customer(s) :

Address of Customer(s) :

Signature of the Customer(s) (only in case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

(b)            Once the Customer has communicated its wish to withdraw, it must return the Product purchased on the Site to POILÂNE, 8 rue du cherche midi, 75006 PARIS, without undue delay and in any case within a maximum period of fourteen (14) days after communication of the decision to withdraw. The Customer shall bear the cost of returning the Products. 

(c)            The Products must be returned in their original form, i.e. unused, undamaged, and without any impairment of their merchantability. POILÂNE will not accept the return of opened, unpacked, damaged or used Products.  

(d)            In the event of the Customer's withdrawal from these T&C and after having verified the condition of the Product returned by the Customer, POILÂNE will reimburse the Customer for all payments received from the Customer, without undue delay and, in any event, no later than fourteen (14) days from the day POILÂNE is informed of the Customer's decision to withdraw from these T&C. 

(e)            The time within which the refund of this amount will be reflected on the Customer's credit/debit card may vary according to the practices of each bank, and POILÂNE cannot be held responsible in this respect. POILÂNE will make the refund using the same means of payment as that used for the original transaction, unless the Customer expressly agrees to a different means; in any event, this refund will not incur any costs for the Customer. 

(f)             POILÂNE may postpone the refund until it has received and checked the Product.

10. RESPONSIBILITY

10.1            POILÂNE will not be liable for any consequential damages that may arise from any breach of the T&C, access to or use of the Site, or any other data or program on the Site. 

10.2            POILÂNE assumes no responsibility for any interruption of transactions carried out via the Site, any failure or negligence attributable to the Customer or to the unforeseeable and insurmountable act of a third party to the T&C or to a case of force majeure. 

11. CUSTOMER SERVICE

In the event of problems with the order or the Products, or in the event of questions, it is possible to contact customer service using the form available on the Site under the "contact" tab or by sending an e-mail to  poilane@poilane.com  or by calling +33 1 44 39 26 50.

12. INVALIDITY AND INDEPENDENCE OF CLAUSES

12.1            If any provision of these T&C is found to be unlawful, void or invalid, the remaining provisions hereof shall remain unaffected and shall continue to apply as if the unlawful, void or invalid provisions were no longer contained herein. 

12.2            Similarly, if any provision of these T&C is found to be unenforceable or invalid for any reason, the remaining provisions hereof shall remain unaffected and shall continue to apply as if the unenforceable or invalid provisions were no longer contained herein.

13. NON-WAIVER

The failure of either Party to assert a right or to bring an action shall not be deemed a waiver of that right or action

14. FORCE MAJEURE

14.1            POILÂNE will not be held responsible in the event of delay or non-compliance with any of the obligations under the T&Cs, which would be due to a case or situation of force majeure, as defined in article 1218 of the Civil Code and understood by the case law of the Court of Cassation. 

14.2            If the performance of these T&C is prevented for a continuous period of one (1) month due to an event or situation of force majeure, the T&C can be terminated immediately by e-mail. 

15. MEDIATION

15.1            In accordance with the current provisions of the Consumer Code on the mediation of consumer disputes, we offer you an effective remedy through a consumer mediation scheme.

15.2            The mediator we propose to you is the FEVAD. If we are unable to resolve a dispute using our internal dispute resolution procedure (customer service) or if you are not satisfied with the solution proposed by our customer service, and if your complaint was made less than a year ago, you may address your complaint to FEVAD by :

·       post to the address: 60 rue la Boétie 75008 Paris;

·       electronically on the website www.mediateurfevad.fr. 

15.3            In all cases, we will :

·       notify you of our inability to resolve the dispute between us; and

·       provide you with the information required by law about our mediator at that time, including contact details, as set out above.

15.4            You can also use the online dispute resolution platform to resolve your dispute with us via: https: //webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR

16. APPLICABLE LAW AND COMPETENT COURT

16.1            These T&C are governed by French law. 

16.2            IN THE EVENT OF A DISPUTE, PLEASE CONTACT POILÂNE'S CUSTOMER SERVICE DEPARTMENT BY EMAIL AT: poilane@poilane.com. ANY DISPUTE BETWEEN POILÂNE AND THE USER ARISING FROM THE INTERPRETATION, EXECUTION OR TERMINATION OF THESE TERMS AND CONDITIONS WHICH CANNOT BE RESOLVED AMICABLY WILL BE SETTLED BY THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING ANY CLAIM OR INCIDENTAL WARRANTY, OR IN THE EVENT OF PLURALITY OF DEFENDANTS, EXCEPT IN THE CASE OF RULES OF COMMON LAW TO THE CONTRARY