Terms of Sales

The site accessible at the address www.patisseriemasmoudi.fr (hereinafter referred to as “site”) is intended for the personal information of Internet users who use it. Access and use of this site are subject to these “legal notices” detailed below as well as to applicable laws.

The company that owns the site reserves the right to modify and update, without notice, these legal notices and all elements, products or services presented on the site. These legal notices are subject to French law.



Ownership and editorial responsibility



This site is the property of SOCIETE PATISSERIE MASMOUDI France, EURL with share capital of €105,000 euros having its head office at 46 rue Victor Hugo 69002 Lyon registered in the Lyon trade and companies register under number 798 731 683 .



Host details



GOOGLE LLC
Headquarters: 1600 Amphitheater Parkway, Mountain View,
CA 94043,USA
Tel: +1 650 253 0000



Intellectual property rights

The owner company informs users of this site that many elements of it are protected by copyright legislation: these may include photographs, articles, drawings, animated sequences, recordings in digital audio or video;

This software is protected by copyright and requires the conclusion of a license agreement. Their use without the prior written consent of their owner is prohibited under penalty of constituting an offense of copyright infringement.



Customer account

Before placing an order on the Site, the Customer has the choice of creating a customer account or not. In the first case, he must complete a form in the “My Account” section with information concerning him, and he undertakes to provide accurate information and not to usurp the identity of a third party or to modify his age. .

The customer undertakes to provide precise information so that Pâtisserie Masmoudi can deliver their order. Pâtisserie Masmoudi undertakes to deliver a product that conforms to the order.

The Customer indicates in particular his email address and a password (comprising at least 8 characters) which will be used to identify himself on the Site later. The username and password are personal and the Customer undertakes not to disclose them.



Price

The prices of the products indicated on the Site are in euros, all taxes included and do not include participation in delivery costs, the amount of which is specified before final validation of the order.

The promotional offers on the site are linked to conditions: a deadline, a minimum purchase, the limit of available stock. Pâtisserie Masmoudi reserves the right to set the conditions for each offer.

Pâtisserie Masmoudi reserves the right to apply promotional offers on the site only without this being the case in its stores and aim for that.

When an order has been placed with a promotional code offering a reduction linked to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Customer may have the effect of ending the reduction , when the number of items necessary for the application of this reduction is no longer reached. The refund made to the Customer will take into account, where applicable, the fact that the reduction is no longer applicable and the difference will therefore be deducted from the amount refunded to the Customer for the returned items.



Payment Terms

1. Payment terms.

The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment method, according to the terms provided on the Website. Once an order is paid it cannot be canceled.

The Company will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated on the Website. Payments made by the Customer will only be considered final after actual receipt by the Company of the sums due.

The possible payment methods on the site are: bank card, visa card, paypal

2. Transaction security

- The Company certifies that payment card details are encrypted, and never transit unencrypted over the network. Payment is made directly to the bank.
- In order to ensure the security of transactions and prevent fraud in distance selling, the Company may be required to carry out checks on the placing of orders.

As part of an inspection, the Company may invite the Customer by email to transmit:

- proof of address and identity (for example an electricity receipt, a landline telephone bill to complete the order).
- A scanned copy of the partially hidden front of the bank card (without communication of the security cryptogram);

In this case, the delivery time only begins to run from the date of dispatch of the order, which cannot be before validation of the supporting documents.

In the absence of proof or if the documents sent do not make it possible to ascertain the identity of the author of the order, the reality of the domiciliation, or the apparent conditions of solvency, the Company reserves the right to cancel the order or request cash payment to guarantee the security of online transactions and the perfect collection of the Products ordered.



Products

The products offered for sale appear on the Site within the limits of their availability, and the offers remain valid as long as they are visible on the Site.

All the ingredients of the products sold on the site are indicated on the product sheet, as well as the allergens which may contain.

Pâtisserie Masmoudi reserves the right, at any time, to withdraw any product for sale on the Site.

In the event of unavailability of a product after validation of the order, the Customer will be informed quickly by email or telephone. The customer has the choice between waiting for product availability or a refund of the amount paid.



Order

In order to place an order, the Customer must register or identify themselves through their customer account and follow the online purchasing process by adding the products to their basket.

By going to the shopping cart page, the Customer can find out about the different delivery methods and their cost, as well as the delivery countries.

After having validated their order and chosen their delivery method, the Customer must check the products ordered and read the General Terms and Conditions. Once he has clicked on “Pay my order”, he is presumed to have accepted the T&Cs, the price of the products, the content of his order as well as his delivery address and the order can no longer be canceled.

Masmoudi cannot be held responsible for an entry error on the part of the Customer which would not allow the receipt of the confirmation email and/or the delivery of the order. In the case of a customer request to cancel an order, this cannot be accepted. In the case of returning the package for an incorrect delivery address indicated when placing the order, the customer will bear the costs of reshipping the package but also the costs of its return.



Delivery

Delivery country :

The products for sale on the Site are delivered to mainland France, Switzerland, the United Kingdom and all countries of the European Union except Bulgaria and Cyprus.

Notice:

An information notification is sent to the customer to their electronic email address on the day of shipment to allow them to receive their package in the best conditions. Pâtisserie Masmoudi cannot be held responsible for the non-effective receipt of notifications due to missing, incomplete, invalid or erroneous information.

An invoice is drawn up by the Company and sent to the Customer on his account. Invoices are not sent with packages.

Order tracking :

The customer has the possibility of having access to the tracking of his order by accessing his account on www.patisseriemasmoudi.fr.

Delivery delay :

The delivery times indicated on the site are the average times usually practiced by the carriers involved. It happens, following exceptional conditions and/or during holiday periods, that these deadlines are disrupted and exceed the average deadlines used. Delivery times are given as an indication, the customer can follow the delivery of the package on the tracking link provided to have the final delivery date.

Pâtisserie Masmoudi does everything possible to ensure that the order is delivered as quickly as possible

Switzerland :

-Orders are shipped the day after they are received (excluding Saturday, Sunday and public holidays).
-Delivery times are between 4 and 7 working days
-The name of the carrier and the link for tracking are available in the customer account after confirmation of the order and shipment of the package
-Customs clearance fees may be requested by Swiss customs once the package is in Switzerland. These customs fees are the responsibility of the customer and must be paid directly to Swiss customs.

The United Kingdom :

-Orders are shipped the day after they are received (excluding Saturday, Sunday and public holidays).
-Delivery times are between 4 and 8 working days
-The name of the carrier and the link for tracking are available in the customer account after confirmation of the order and shipment of the package
-Customs clearance fees may be requested by UK customs once the parcel is in the UK. These customs charges are the responsibility of the customer and are to be paid directly to UK customs.

Metropolitan France :

-Orders are shipped the day after they are received (excluding Saturday, Sunday and public holidays).
-Delivery times are between 4 and 7 working days. The customer has the choice to select one of the following delivery methods:

Home delivery

Home delivery with signature

Relay point delivery

Express delivery :

The Customer may choose an express delivery method 2 to 3 working days (excluding Saturday, Sunday and public holidays), which will be provided by Chronopost 18.

The European Union (excluding Bulgaria and Cyprus);

-Orders are shipped the day after they are received (excluding Saturday, Sunday and public holidays).
-Delivery times depend on the destination (country) and are between 4 and 8 working days
The customer has the choice to select one of the following delivery methods:

Home delivery: All countries

Relay point delivery: Belgium, Luxembourg, Spain, Germany, Austria

-The name of the carrier and the link for tracking will be available in the customer account after confirmation of the order and shipment of the package

Delivery may, however, be delayed for reasons beyond the control of Patisserie Masmoudi. In this case, Patisserie Masmoudi undertakes to keep the Customer informed of the situation.

If the package is not received in the expected detail from the date of placing the order, the customer must contact the Masmoudi Patisserie Customer Relations Department within 9 days from the date of confirmation of the order.

If during the delivery of the package to the recipient's address the tracking information on the account is no longer available, Pâtisserie Masmoudi files a claim against the carrier, who will undertake to provide a response within 30 days for national and international shipments.

In the event of confirmation of loss of package, the buyer will be reimbursed. During investigation periods, no refunds can be made.

In the case of a return of a package for an incorrect or incomplete delivery address indicated by the customer when placing the order, and the customer requests the cancellation of his order and the reimbursement of his payment, the amount reimbursed will be calculated as follows: total amount paid minus the delivery costs and minus the return costs, which are the same amount as the delivery costs. If the package is damaged or its contents do not conform to the order, the Customer must contact the Masmoudi Patisserie Customer Relations Department within three (2) days following receipt of the products, in order to initiate the return of the products. .

Home delivery without signature:

The package will be delivered to the mailbox at the address indicated by the customer or delivered by any other method of delivery applied by the carrier. The carrier can take the initiative of delivering it to anyone present at the address. Failing this and in the event of impossibility of delivery to the letterbox, the carrier can deliver it to a neighbor, a caretaker or concierge who agrees to take delivery, or to a nearby relay point and a notification will be sent to this about.

The customer remains solely responsible for the theft or loss of his package after delivery and once the carrier certifies delivery to the requested address.

Home delivery with signature:

The package will be delivered to the address indicated against the signature of the customer or that of any person attached to his service, residing with him or specially mandated or by any other method of provision. This signature will be proof of delivery of the package. Refusal to sign on the medium presented is equivalent to refusal of the shipment.

Delivery to the post office in the event of the customer's absence at home:

In the event that no one is available to receive the package at the address provided by the customer, delivery will therefore not be possible for the carrier. The package can be delivered to the nearest post office or relay point and the customer will be informed by the delivery service, and a collection time will be indicated. After this period, if the customer has not collected their package, the package will be returned to Pâtisserie Masmoudi.

In principle, due to its perishable nature and its impossibility of resale, no reimbursement will be made in the event of a parcel return following the absence of collection within the indicated period.

Delivery to a relay point:

The relay point selection page appears once payment is made and the customer has 30 minutes to choose one. If no relay point is selected after 30 minutes, Masmoudi will automatically assign the first one on the list closest to the customer's main address. When the customer chooses delivery to a relay point, and after having selected the collection point that suits them, they are informed by the carrier of their arrival at the relay point as well as their collection time. In the event that the customer does not collect their package within the time indicated, it will be returned to Pâtisserie Masmoudi.

In principle, due to its perishable nature and its impossibility of resale, no reimbursement will be made in the event of a parcel return following the absence of collection within the indicated period.



Right of withdrawal

The right of withdrawal does not apply to contracts relating to the supply of the following Products:

- goods made according to the consumer's specifications or clearly personalized
- fresh and perishable products such as pastries
- goods unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

For other Products, in accordance with current regulations, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal from Pâtisserie Masmoudi, without having to provide reasons or reasons. to pay penalty, for exchange or refund.

The Products must be returned within fourteen (14) days following notification to Pâtisserie Masmoudi of the Customer's decision to withdraw, accompanied by the purchase invoice in their original packaging and in perfect condition allowing their re-marketing on the new condition. Damaged, soiled or incomplete Products will not be taken back.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; return costs remaining the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within fourteen (14) days from receipt, by Pâtisserie Masmoudi, of the Products returned by the Customer to the address SARL ASAR - GemmaLog 1 rue de l'Artisanat ZA des Boulays 49130 Sainte Gemmes sur Loire under the conditions of this article.

In order to be accepted, the return of your product must meet the following conditions:

- The products must be returned in their original condition, no trace of their use must appear
- The return packaging must be of the correct dimensions and maintain the product while protecting it from shock.

Refund

Reimbursement is made by any means offered by Patisserie Masmoudi (transfer, paypal, credit card). Once the refund has been made, an email will be sent to you to notify you. In all cases our advisors will guide you throughout the return process and provide you with the necessary information.

Calculation of reimbursements

Returning damaged, defective or incorrect items

If you return an item following an error on our part, because it is non-compliant, we will reimburse you for the initial shipping costs, as well as the reshipping costs.

In the event of loss of the package during delivery, full reimbursement of the order will take place subject to confirmation of its loss by the carrier.

In the event of damage during delivery, the package must be returned to the sender "Patisserie Masmoudi" and full reimbursement will take place upon receipt of the latter. Return costs in this case are the responsibility of Patisserie Masmoudi.

After verification, if an item returned because damaged or non-compliant does not present any defect, Pâtisserie Masmoudi reserves the right not to make the requested refund. The return of the product is then the responsibility of the customer.

Pâtisserie Masmoudi undertakes to replace at its expense any defective products upon unpacking in the event that the customer has previously deposited a reservation with the carrier upon arrival of the package. The words “subject to packaging” have no legal value and cannot give rise to any recourse against our carrier. We advise you to carry out a complete check upon receipt of the goods, and to establish clear and precise reservations if the package and its contents present anomalies and to take photos.

In the event that the buyer has any doubt of any nature whatsoever about the condition or contents of his package, he is required to apply the legal procedure, in particular:

- to report the damage due, all complaints and reservations, and to refuse the goods by immediately issuing a report of anomaly to the carrier's agent.
- if the package is accepted, report these incidents to Pâtisserie Masmoudi and the carrier within 48 hours maximum after receipt of the package.



Intellectual property

All intellectual property rights of the Site and its contents belong exclusively to Patisserie Masmoudi. Any reproduction, use or partial or total modification of an element of the Site, in any form whatsoever, cannot be carried out without the express authorization of Patisserie Masmoudi, which reserves the right



Federation of Commerce and Distribution


Contact details for the federation of commerce and distribution:
12, RUE EULER 75008 PARIS - TEL. 01 44 43 99 00 - FAX 01 47 20 53 53. Email: mediationconsommation@fcd.fr



Major force

In the event of force majeure making it impossible to execute the sales contract (purchase, shipment, delivery), including when this impossibility of execution concerns part of the contract, as long as it is an essential element , the seller specifies that the obligations arising from the contract are suspended.

However, this suspension of the contract caused by a case of force majeure cannot be the cause of a cancellation of the contract but can lead to its termination.

The contract is terminated if the suspension of the contract due to force majeure lasts more than 3 months. However, in the event of force majeure, if possible, the seller and the customer are invited to communicate quickly on the follow-up to be given to the completion of the order.