Shipping policy

Shipping Policy boutique.lapatisserienumerique.com

applicable as of 05/05/2021

Article 1. PURPOSE

The purpose of this shipping policy is to define the terms and conditions applicable to the shipment of a Product to the Customer by the Publisher.

ARTICLE 2. PARTIES

This shipping policy is applicable between La Patisserie Numerique, SAS, share capital: 49790 €, registered at the RCS of Paris in France on 05/02/2019, under the number 850524430, registered office: 16 Villa de Lourcine, France, phone: +33616995701, email: hello@lapatisserienumerique.com, intra-community VAT number: FR39850524430, hereinafter " the Publisher " and any person, individual or legal entity, of private or public law, registered on the Site to purchase a Product, hereinafter " the Customer ".

ARTICLE 3. DEFINITIONS

Customer ": any person, natural or legal, of private or public law, registered on the Site.

Content of the Site ": elements of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.  

The Publisher ": La Patisserie Numerique, SAS taken in its capacity as publisher of the Website.

Internet user ": any person, natural or legal, of private or public law, connecting to the Site.

Product " : goods of any kind sold on the Site by the Publisher to Customers.

Site ": website accessible at the URL boutique.lapatisserienumerique. com, as well as related sub-sites, mirror sites, portals and URL variations.

ARTICLE 4. SCOPE OF APPLICATION

The Site is freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of the present shipping policy. The simple connection to the Site, by any means whatsoever, in particular by means of a robot or a browser, shall imply full and complete acceptance of this shipping policy. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet User acknowledges by the same token that he/she has taken full cognizance of them and accepts them without restriction. 

The fact of checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the value of proof of the automatic recording systems of The Publisher and, unless he/she provides proof to the contrary, he/she waives the right to contest them in case of litigation.

The present shipping policy is applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet User.

Acceptance of this shipping policy assumes that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 5. DELIVERY 

5.1. Delivery charges

The delivery charges or provision will, in any case, be indicated to the Customer before any payment and concern only the deliveries made in metropolitan France, including Corsica. For any other place of delivery, it will be up to the Customer to contact the customer service.

In the hypothesis of a delivery of the Product to the Customer in a store or in a partner place of the Publisher, the related fees are specified to the Customer at the time of the order.

The delivery fees indicated on the Site are understood in euros, all taxes included.

5.2. Delivery time

Orders are delivered by Post Office, Mondial Relay, DHL within 4 working days as from the perfect collection of the price by The Publisher.

Some products or certain order volumes may nevertheless justify a delivery time greater than 4 working days. This will be expressly mentioned to the Customer's attention during the validation of the order.

5.3. Deteriorated package

In case of delivery of a package obviously and visibly deteriorated, it is up to the Customer to refuse it in order to enjoy the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new parcel can be prepared and sent upon receipt of the damaged parcel in return. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.

5.4. Retention of title - transfer of risk

The ownership of the delivered Products is reserved to the Publisher until the delivery of the Products to the Customer, notwithstanding any clause to the contrary, unless the parties have punctually and expressly agreed in writing to waive this clause.

The Customer shall bear the risks relating to the Products from the time of order. During the entire period of retention of title, the Customer shall insure the Products belonging to the Publisher at its own expense against any damage that may occur and shall provide proof thereof to the Publisher upon first request.

ARTICLE 6. FINAL STIPULATIONS

6.1. Applicable Law

This Shipping Policy is subject to the application of French law.

6.2. Changes to this shipping policy

This shipping policy may be changed at any time by The Publisher. The shipping policy applicable to the Customer is the one in effect on the day of his order or his connection to the present Site, any new connection to the personal space implying acceptance of the new shipping policy, if any. 

6.3. Disputes

Under the terms of Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Customer that may arise in connection with the execution of these terms and conditions and whose solution could not be found previously amicably between the parties shall be submitted to Medicys : www.medicys.fr.

In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL : https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation : www.fast-arbitre.com.

6.4. Entirety

The invalidity of any of the clauses of this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall retain their full effect and scope. In such event, the parties shall, to the extent possible, replace the invalidated provision with a valid provision consistent with the spirit and intent hereof.

6.5. Non-waiver

The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.

6.6. Telephone canvassing

The Customer is informed that he/she has the possibility to register on the telephone canvassing opposition list at http://www.bloctel.gouv.fr/

6.7. Languages of this Shipping Policy

This Shipping Policy is offered in French.

6.8. Unfair clauses

The stipulations of the present shipping policy apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.

ARTICLE 7. EXPEDITION & RETURNS

Article 7.1. Shipping condition specific to the shop

Any order placed before 1:00 pm (CET/CEST) is processed the same day within the limits of available stocks (from Monday to Friday, excluding holidays). Any customs charges are at the customer's expense.