Terms and Conditions
(22 december 2007)
You have connected to the http://www.poilane.com website. In doing so, you agree that you accept these General Terms and Conditions and that you agree to be bound by such. These General Terms and Conditions are applicable to all orders placed through Poilâne SA.
Any business transacted with Poilâne SAS will be governed exclusively by these General Terms and Conditions.
A. Generaln Provisions
The web site http://www.poilane.com was created by Poilâne SAS, and all rights, titles and interest in the Site are the exclusive property of Poilâne SAS. Copying or downloading all or any parts of the Site is prohibited without the prior permission from Poilâne SAS.
Poilâne SAS, however, authorizes establishment of hypertext cross references to the Site.
Poilâne SAS understands that many users may feel concerned about when submitting personal information at point-of-sale, online, on our website, over the telephone, or at other customer “touch points.”
To address these concerns and demonstrate our commitment to protecting your privacy :
We only collect personally identifiable information that you voluntarily and knowingly provide us.
We do not share any information you provide with anyone outside of Poilâne SAS and its affiliates.
We employ appropriate security measures to protect against the loss, misuse and alteration of any information you provide us.
We provide you with the choice and control over the collection and use of any personally identifiable information that you provide us at our customer “touch points”, and a means for updating, correcting or removing this information.
B. Provisions governing the issuance of orders and conclusion of contracts
Article 1 : Acceptance of General Terms and Conditions
Once a user (the "Customer") has filled out the Site order form and confirmed the order (the order is confirmed by clicking on “confirmation of order”, this results in the full and binding acceptance of these General Terms and Conditions. These are the only terms applicable to the contract thereby entered into.a means for up.
Article 2. Order confirmation and conclusion of contract
The Site contains at all times a commercial offering to sell certain Products and deliver certain points, but this shall not be construed as a legally binding permanent offer. Thus, as explained below, a contract is only concluded when and if the order is confirmed by Poilâne SAS.
Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by Poilâne SAS.
Poilâne SAS will confirm the acceptance of orders by using, at its option, one of the following methods: e-mail, telephone, fax or mail. Acceptance or refusal: acceptance is tacit twenty four (24) hours after the receipt of the order (only business days taken into account). Moreover, Poilâne SAS reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem in completing the delivery.
The Customer can cancel an order, in this case, the cancellation of the order must be faxed to Poilâne SAS no later than four (4) hours after the order has been confirmed with the email Poilâne SAS has sent, giving the customer its loggin and password details.
Article 3. General Obligations of the parties
3.1 Obligation of Poilâne SAS
Poilâne SAS undertakes, once the order has been accepted, to sell the bread products or derivatives set forth on the order (the "Products") and to deliver the Products ordered to the address indicated by the Customer.
Unless otherwise specified, Poilâne SAS undertakes to place the Products with the carrier of its choice on next avalaible shipping date (only business days taken into account) after the order has been accepted.
Poilâne SAS has concluded a contract with the carrier specifying that the carrier will deliver the Products to the address indicated by the Customer.
3.2 Obligations of the customer
The Customer shall clearly indicate the address to which the Products are to be delivered during business hours.
The Customer undertakes to pay the stated price for the Poilâne SAS Product delivery (price of the Products plus transport), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to customs and duties, value added tax, or other taxes due upon import into the country where the Products are delivered.
The Customer agrees that all his orders are for his personal consumption or for the personal consumption of any other person to whom the Products are being sent at the Customer's request. In the latter case, the Customer, on behalf of such a third party, accepts these General Terms and Conditions.
Article 4. Specific Provisions
4.1 Price, invoice
The total price (the "Price") shown by Poilâne SAS on the order is definitive. The Price includes : the price of the Products, handling costs, packaging, transport and all taxes applicable to exporting the Products outside of France. No customs or duties or value added taxes shall be due for deliveries in the European Union.
The Price will be in Euros, any amounts stated in other currencies being only for the purposes of estimating the price in another currency.
Payment will only be accepted by Bank Credit Card. Once the order has been accepted, the Customer will be charged in Euros. At the express demand of the Customer, Poilâne SAS will issue an acquitted invoice. The Customer must indicate the address where the invoice is to be sent.
4.2 Transport - Delivery - Delivery Schedule
Unless the Customer has failed to make payment for any reason, the Products will be delivered to the address indicated within a period of one to two days (European Union, North America except Alaska ; only business days taken into account).
The delivery time may vary depending on the country involved. Poilâne SAS shall not be held liable if the delivery times are not respected for any given order.
In case delivery is attempted and there is nobody at the indicated address to accept delivery, the carrier shall leave a note indicating it was unsuccessful in making the delivery and where the Customer should go to recover the Products. Poilâne SAS will not, for any reason, be held liable for any deterioration in the Products due to a Customer's failure to collect the Products in a timely manner.
4.3 Transfer of risk
The transfer of risk of the Products takes place when the carrier delivers the goods where the customer specifically asked it to be delivered with or without signature.
4.4 Qualification upon Receipt - No returns on bread - Limited Rights to Reimbursement/Replacement
Pursuant the provisions of Article L.221-18 of the Consumer Code, the Customer, an individual physical person, has a period of fourteen (14) calendar days from the receipt of the products to exercise his or her right to retraction, without having to justify reasons or to pay a penalty, with the exception of the costs of returning the products ordered on the Internet.
The return of the products must take place within fourteen (14) days of notification of the Customer's decision to withdraw.
This right to withdrawal may not apply to products which, because of their nature, cannot be redirected or are liable to deteriorate or to perish rapidly, in particular foodstuffs (bread, shortbread, biscuits, etc. ), In accordance with the provisions of Article L.221-28 5° of the Consumer Code.
Poilâne SA will reimburse the sums paid by the Customer, including the standard delivery costs, with the exception of the costs of returning the products, within a maximum period of fourteen (14) days from the date Poilâne SA is informed of the Customer's decision to retract. However, payment will be deferred until the product recovery date. Reimbursement is made by bank transfer or check.
A revocation form, the particulars of which are detailed in the appendix of Article R.221-1 within the Consumer Code, is available to the Client in accordance with the requirements of Article L.221-5 of the same Code.4.5 Limited Guarentee
Unless otherwise indicated, Poilâne SAS guarantees that the Products are made in France unless otherwise indicated and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the Site at the date the order was placed. Poilâne SAS guarantees that the Products are of good quality and were fresh when given to the carrier.
The above is the only warranty given by Poilâne SAS No other warranties, whether express or implied, are given. In particular, Poilâne SAS does not warrant that the Products correspond to the specific expectations of the Customer.
4.6 Liability - Limitation of Liability
The Customer is personally liable for his or her Products and,after delivery,is entirely responsible for the conservation and consumption of the Products.
Poilâne SAS warns the Customer to check if the Products have deteriorated as a result of heat, transport,or any other cause. Poilâne SAS will not be held liable for damage resulting from any of these causes.
Also, Poilâne SAS will not be held liable for no respect of any s or regulations in the country where the Products are delivered. Poilâne SAS is only liable for complying with French regulations relating to the Products.
In any event, the liability of Poilâne SAS is limited to the lesser of the following amounts: 1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which Poilâne SAS's liability may be assessed.
C. Invalidity - Force Majeure - Applicable law - Competent Courts
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause.
Neither Poilâne SAS nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-outs shortage of Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by French law. All litigation or disputes between the parties shall be brought only before the competent court in Paris.
Les Conditions Générales de Vente présentes ci-dessus sont régies exclusivement par le droit français. Toute contestation les concernant sera soumise au seul Tribunal de Commerce de Paris.
8 RUE DU CHERCHE-MIDI - 75006 PARIS - FRANCE
N° siret : 324 445 030 00012 N°APE : 158 C
Phone :+ 33 1 44 39 26 50
Fax :+33 1 45 44 99 80
e-Mail : firstname.lastname@example.org
(Appendix to article R.221-1 of the Consumer Code)
Please complete and return this form only if you wish to withdraw from the contract.
Please note that the right of retraction is waived for products which, because of their nature, cannot be re-shipped or are liable to deteriorate or to perish rapidly, in particular foodstuffs, in accordance with the provisions of Article L.221-28 5 ° of the Consumer Code.
To the attention of :
8 rue du Cherche-Midi – 75006 Paris - France
Tel: +33 1 44 39 26 50 - Fax: +33 1 45 44 99 80
E-mail : email@example.com
I / we (*) hereby notify that I / we (*) withdraw from the contract for the sale of the product (*) / for the provision of services (*) below:
Ordered the (*) / received the (*):
Name of Consumer (s):
Address of Consumer (s):
Signature of Consumer (s):
bar the inapplicable
R.C.S. Paris B 324 445 030
8 rue du Cherche-Midi – 75006 Paris - France
Tel: +33 1 44 39 26 50 - Fax: +33 1 45 44 99 80 E-mail : firstname.lastname@example.org