General terms of sale

I – SCOPE

The general terms and conditions of sale described below apply to the distance sales of all products offered by PATISSERIE PIERRE MATHIEU, SAS with a share capital of € 50,000 whose registered office is located at 5 Rue de Ségur in BORDEAUX (33,000) and registered at the RCS of BORDEAUX under number 830 705 224, on its website www.pmpatissierbordelais.fr online shop.

They detail the rights and obligations of the company PATISSERIE PIERRE MATHIEU and any natural person aged 18 wishing to order and purchase products offered on the online store and hereinafter referred to as «the Customer».

The Customer is understood as defined in article 3 of the law n° 2014-344 of 17 March 2014 relating to consumption. He certifies that he is of age and has the capacity to contract.

The products offered on the PM PATISSIER BORDELAIS online store are sold to the Customer in the last sale. Therefore, the resale, use or processing of Products for any commercial use is strictly prohibited.

In accordance with the provisions of article L.3342-1 and 3353-3 of the Public Health Code, the sale of alcohol to minors under 18 years is prohibited. Therefore, the company PATISSERIE PIERRE MATHIEU declines any responsibility in this regard for any order placed by a minor under 18 years old.

Any order placed on the PM PATISSIER BORDELAIS online shop implies unreserved adherence to these general terms and conditions of sale. The Customer acknowledges that he has taken note of them and expressly declares to accept them as soon as he ticks the mention “I accept the General Conditions of Sale”.

The company PATISSERIE PIERRE MATHIEU may adapt or modify at any time these general conditions of sale, it being specified that only the general conditions of sale in force on the day of the validation of the order by the Customer are applicable.

II – PRODUCTS

a. Descriptive

The list of products offered on the PM PATISSIER BORDELAIS online shop may be modified at any time by PATISSERIE PIERRE MATHIEU.

The product description indicates the essential characteristics of the product: the sales name, the quantity, the price of the product, the means of payment accepted by PATISSERIE PIERRE MATHIEU, the delivery conditions and legal notices required by law.

For any question relating to products, order, delivery or payment terms, the customer service of PATISSERIE PIERRE MATHIEU is available by phone on 05 56 52 95 61from Tuesday to Saturday from 10:00 am to 8:00 pm and on Sunday from 8:30 am to 1:30 pm, or by email at contact@pmpatissierbordelais.fr.

b. Price

The prices of the Products ordered are those shown on the online shop on the day of validation of the order by the Customer. These prices may be modified at any time by the company PATISSERIE PIERRE MATHIEU. In this case, the new prices will only apply from their online publication on the PM PATISSIER BORDELAIS online shop These prices are firm and definitive. They are expressed in euros and include all taxes, the VAT rate being that in force at the time of the order. These prices are guaranteed within the limits of available stocks.

c. Availability

A product that has become unavailable will be immediately removed from the list of products offered on the PM PATISSIER BORDELAIS online shop. However, the products offered by the company PATISSERIE PIERRE MATHIEU are handcrafted from seasonal and quality raw materials. They are therefore produced in limited quantities. Therefore, if despite the vigilance of the company PATISSERIE PIERRE MATHIEU, a product was missing, the company PATISSERIE PIERRE MATHIEU reserves the right to cancel the sale of the missing product and proceed with the refund of thethe price has been validly paid by the customer.

Some products, especially seasonal products (Easter chocolates, Galettes des Rois …) are only available for a limited time. Orders of these products are therefore only possible for scheduled order withdrawals between the start date and the end date of marketing of the product. The marketing periods for these seasonal products are clearly specified on the PM PATISSIER BORDELAIS online shop.

III – ORDER

Orders can be placed on the PM PATISSIER BORDELAIS online shop at the latest 4 weeks before the withdrawal date and 48 hours before the withdrawal date. Outside these periods, the Customer must contact directly PATISSERIE PIERRE MATHIEU by phone on 05 56 52 95 61from Tuesday to Saturday from 10:00 to 20:00 and Sunday from 8:30 to 13:30, or by email at contact@pmpatissierborais.fr,  or by going directly to the Shop. The addresses, telephone numbers and opening hours of the PM PATISSIER BORDELAIS shops are available on the home page of the website www.pmpatissierbordelais.fr.

a. Procedure

From the PM PATISSIER BORDELAIS online shop accessible at www.pmpatissierbordelais.fr, the Customer must necessarily follow the following steps:

Create a customer account or log in to your personal customer account:

In order to create his account, the Customer must enter all the information necessary for the processing of his order: name, surname, billing and/ or delivery address, e-mail address, telephone number, choice of password.

The Client’s username and password are strictly personal, they must not be communicated to anyone. PATISSERIE PIERRE MATHIEU cannot be held responsible for any fraudulent use of the customer’s username and password.

If you forget your password, a link to retrieve it is provided when you log in to the online shop.

The Customer is responsible for updating his details and must ensure their accuracy before any order validation.

Select the products to be ordered and add them to the cart in the desired quantities.
Check the basket, quantities and prices and if necessary make changes and/or corrections.
Validate the cart and choose the place of order pick-up, the date and time slot of the pick-up of his order.
Read and accept these terms and conditions.
Validate the order by following the instructions for payment.

The telecommunication costs associated with access to the PM PATISSIER BORDELAIS online shop remain the exclusive responsibility of the Customer.

b. Terms of payment

The validation of his order by the Customer is an acceptance by the latter to be charged the total amount of it. The debit of the Customer’s bank account is immediate.

The payment of the order is made in euros, via an online credit card payment from the PM PATISSIER BORDELAIS online shop, at the time of validation of the order. The Customer’s credit card information is to be entered at the time of payment in a secure environment, the PAYBOX system. This system uses the SSL (Secure Socket Layer) protocol. Bank information will be encrypted upon entry so that no third party can see it during transport on the network.

The Customer has the possibility to save his information by checking the box provided for this purpose, the cryptogram must nevertheless be systematically entered at each order by the Customer. Customers who have opted for the registration of their bank information have the possibility to delete this registration at any time by deselecting this option in their «customer area» or during their next order.

The gift cards on sale in the PM PATISSIER BORDELAIS Shops cannot be used as a payment method for purchases made online on the PM PATISSIER BORDELAIS online store.

Under no circumstances can PATISSERIE PIERRE MATHIEU be held responsible for any fraudulent use of a credit card used to place an order on its online shop.

c. Validity – Confirmation

At the end of the settlement, the company PATISSERIE PIERRE MATHIEU will confirm the order on the one hand, via a notification that will appear on the online shop PM PATISSIER BORDELAIS and on the other hand, by sending an email to the address indicated by the Customer no later than 48 hours after placing his order.

This confirmation will indicate the list, quantities and prices of the products ordered, the total amount of the order due by the customer, the place, date and time chosen for the withdrawal of the order.

This email confirmation will serve as a withdrawal order and proof of the debit request to the customer’s bank.

Any error or incorrect information and/ or missing in the details provided by the customer and that would not allow the execution of the order, can in no case be attributed to PATISSERIE PIERRE MATHIEU.

In the event of unpaid or any other previous or ongoing dispute with the customer, the abnormal or risky nature of the order, PATISSERIE PIERRE MATHIEU reserves the right to cancel the Customer’s order. In this case, the company PATISSERIE PIERRE MATHIEU will indicate its refusal by an email sent to the customer within 48 hours of placing the order.

The validity of the order will become effective only after acceptance of payment by the credit card center and its effective receipt by the company PATISSERIE PIERRE MATHIEU.

IV – RIGHT OF RETRACTION

In accordance with the provisions of article L.121-20-2 and article L.121-20-4 of the consumer code, the right of withdrawal of 14 days does not apply to contracts for the supply of products that may deteriorate or expire quickly. The Customer cannot therefore rely on it.

V – WITHDRAWAL OF ORDERS

The place, date and time slot for the pick-up of the order in PM PATISSIER BORDELAIS store are chosen by the Customer, according to the different possibilities offered on the online shop PM PATISSIER BORDELAIS when validating his order.

The receipt of the order will be made by withdrawal in the shop PM PATISSIER BORDELAIS on the date and during the time slot that he has selected when ordering, against signature of a delivery note. This withdrawal will be made either by the Customer himself or by any other person authorized by the latter to withdraw his order and upon presentation of the confirmation email sent to the Customer when validating his order. The company PATISSERIE PIERRE MATHIEU reserves the right to ask for an identity document from the person who will show up at the store to collect the order.

For reasons of hygiene and safety, orders that could not be withdrawn by the Customer on the dates and times indicated will not be retained by PATISSERIE PIERRE MATHIEU. In this case, the customer will not be entitled to any refund.

In the event that an order could not be made available to the Customer by PATISSERIE PIERRE MATHIEU due to a failure of the latter, on the date and during the time slot indicated, it may, at the choice of the Customer, be postponed to a later date which may not exceed 3 business days, or be cancelled. In the latter case, the transaction will be cancelled and the Customer will be reimbursed by PATISSERIE PIERRE MATHIEU within a period of no more than 14 days from receipt by PATISSERIE PIERRE MATHIEU of the request d’annulation du client.

VI – WARRANTY – CLAIMS – LIABILITY

The company PATISSERIE PIERRE MATHIEU guarantees to the Customer that the products are manufactured and packaged according to strict quality and hygiene rules and kept according to the standards in force in France. All articles offered on the online store are subject to the legal guarantee regarding the consequences of hidden defects and defects that may affect the products, provided for by article 1641 of the Civil Code.

The customer is responsible for ensuring the conformity of his order when picking up in store. The damage or missing products must be reported on the delivery note.

To be taken into account, any complaint regarding the non-conformity or apparent defect of the delivered articles must occur within 48 hours following the date of withdrawal of the order, by post to the following address: SAS PATISSERIE PIERRE MATHIEU – 5 Rue de Ségur 33000 BORDEAUX or by email to contact@pmpatissierbordelais.fr. After this time, no claim can be accepted.

The company PATISSERIE PIERRE MATHIEU could not be held responsible for an alteration of the quality of its products if the customer did not respect the conditions or the optimal dates of conservation of the products. In any case, the liability of the company PATISSERIE PIERRE MATHIEU will be limited to the amount of the order.

For reasons of hygiene and food safety, no product will be taken back by the company PATISSERIE PIERRE MATHIEU.

VII – INFORMATIQUE ET LIBERTE – PROTECTION DES DONNEES

Les informations collectées sur la Boutique en ligne PM PATISSIER BORDELAIS feront l’objet d’un traitement informatisé, à des fins de gestion et de traitement des commandes ainsi que de prospection commerciale. Conformément aux dispositions de la loi du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés, le Client bénéficie d’un droit d’accès, de rectification et d’opposition sur ses données personnelles. Ces droits peuvent être exercés en s’adressant à PATISSERIE PIERRE MATHIEU – 5 Rue de Ségur 33000 BORDEAUX.

VIII – INTELLECTUAL PROPERTY

All the elements of the online shop (photographs, illustrations, pictograms, logos, brands and descriptions) are and remain the intellectual property and exclusive of PATISSERIE PIERRE MATHIEU. The reproduction, representation, exploitation, retransmission or use in any capacity and in any form whatsoever, even partially, of these elements whether they are software, visual or sound, are strictly prohibited without the prior and express authorization of the company PATISSERIE PIERRE MATHIEU.

IX – INDEPENDENCE OF CLAUSES

In the event that one of the clauses of these general conditions of sale is declared inapplicable or invalid for any reason, this will not affect the application or validity of the other clauses. The clause that is invalidated or found to be unenforceable will be replaced by the closest possible provision.

X – FORCE MAJEURE

In the event of force majeure events (any unforeseeable, irresistible and external to the parties event making it impossible to execute the order under the conditions as defined by law and case law), the obligations of the parties shall be automatically suspended without compensation.

XI – APPLICABLE LAW AND COMPETENT COURT

These general terms and conditions of sale, as well as all transactions referred to therein, are subject to French law.  Without the following being considered as an obstacle to free access to the courts, the parties will endeavour to find a friendly settlement of their dispute under the conditions set out in article VII of these General Terms and Conditions of Sale. In the absence of agreement between the two parties, the dispute will be brought before the competent courts of Bordeaux.