General conditions of sale
1- Application
These general terms and conditions of sale (hereinafter "GTC") govern the relations between SARL LABORATOIRE LAC, registered with the Trade and Companies Register of Nice under number 820 568 590, having its registered office at 113, Route de Laghet, Quartier de Nartas 06340 LA TRINITE (hereinafter "the seller") and any person (hereinafter "the customer") wishing to order and purchase products offered on the site https://www.patisseries-lac.com/en/chocolatier-lac-artisan-chocolatier-chocolat-de-qualite-nice (hereinafter “the site”).
By “Customer” we mean exclusively any natural person aged at least eighteen (18) years acting as a consumer within the meaning of the Consumer Code, that is to say for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity, who agrees to fill in the mandatory fields for the registration of their order and has a delivery address located in one of the areas served by the Seller. These General Terms and Conditions therefore do not apply to legal entities or natural persons placing an order for the purposes of their professional activity. It is expressly prohibited to purchase products on the Website for the purpose of reselling them to anyone.
These General Terms and Conditions are available at any time on the site to allow the customer to order and purchase the products offered. The customer acknowledges having read and accepted the General Terms and Conditions without reservation by placing an order.
These General Terms and Conditions, together with all other rules referred to, apply to all orders and sales relating to products offered for sale on the site, to the exclusion of any other marketing channel.
The seller reserves the right to adapt and modify these T&Cs at any time. The new T&Cs will be published on the site and will be applicable to any order placed after they are posted online on the site.
2- Product characteristics
LABORATOIRE LAC takes particular care in presenting each product on the Website and indicates its sales name, quantity, price, payment methods accepted by LABORATOIRE LAC, any delivery restrictions and the information required by current legislation. LABORATOIRE LAC indicates the “best before date” (BDD) on the product packaging or on a leaflet provided with the product.
The photographs of the products are provided for information purposes only and are in no way contractual. The descriptions indicate to the customer the essential characteristics of the products, for any additional information the customer is invited to contact customer service by telephone on 04 93 85 10 60 or by email at the addresscontact@patisseries-lac.com. Product offers are subject to availability of stock, as specified when the order is placed.
3. Ordering procedures and terms
To place an order, you must have opened a customer account on the Website, which requires the provision of personal data, protected under the conditions of Article 12 hereof. You confirm that the information communicated to LABORATOIRE LAC is sincere, accurate and up to date. You can update, correct or delete your data at any time by going to your customer account. All information communicated by the Customer remains under his sole responsibility and all anomalies generated by the Customer cannot be attributed to LABORATOIRE LAC in the event that it becomes impossible to proceed with the order or to ensure a positive result, in particular due to an error in the delivery address.
You must choose a login and password to access your account that you must not communicate to anyone. LABORATOIRE LAC will not be responsible for any loss or damage that may occur due to a lack of protection of your login or password. If you have forgotten your password, an appropriate function on the Website allows you to recover them on your email address.
Orders are intended for personal use only, no order may be placed for resale or transformation without the express authorization of the seller.
The customer agrees to complete the order form accurately and thoroughly. The order process is as follows:
- Choosing products and adding to cart
- Reading and acceptance of the T&Cs
- Enter the internship or discount codes if applicable
- Cart validation
- Login to personal customer account or create a new customer account.
If applicable: entry of customer information: surname, first name, billing and/or delivery address, email address.
- phone number, password choice
- Entering the billing and/or delivery addresses for the order
- Validation of the amount of shipping costs if applicable
- Choice of place of withdrawal of the order and date of withdrawal/delivery of the order
- Payment of the order under the conditions provided
The order and its payment will be confirmed by the seller:
- On the site following the settlement
- By email to the email address provided by the customer
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies the acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email and after the Seller has received payment in full.
Any order placed on the website “ www.patisseries-lac.fr » constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
For any modification of an order, the customer is invited to contact customer service by telephone on 04 93 85 10 60 or by email at the following address:;contact@patisseries-lac.com at the latest 2 working days before the scheduled withdrawal or delivery date.
Customer service is available Monday through Friday from 9 a.m. to 5 p.m.
The seller reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order or who presents any form of risk in the customer's eyes. The customer is responsible for the information he has duly completed when ordering. In the event of an input error, the seller will not be held responsible and will not be able to incur any costs incurred as a result of this error.
4- Price
The prices indicated on the site are in Euros including tax, excluding shipping costs. They take into account the French VAT in force on the day of the order.
These rates are firm and not revisable during their period of validity, as indicated on the website " www.patisseries-lac.fr ", the Seller reserves the right, outside this period of validity, to modify the prices at any time. The new prices in force will apply to any order placed after they are put online.
The prices take into account any reductions that may be granted by the Seller on the website “ www.patisseries-lac.fr ".
They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon receipt of payment.
Delivery and shipping of products involve additional costs depending on the destination of the goods.
5- Means of payment
Online payment is made by VISA or MASTERCARD bank card via the site with the secure MERCANET payment solution offered by BNP PARIBAS.
Depending on the type of card, the customer will have to enter their card number, the expiry date and the security code (consisting of 3 digits on the back of their bank card) and validate this data. The customer agrees to use the bank card they hold. In the event of fraudulent use, the seller cannot be held liable. All bank card holders are subject to a validation and authorization check carried out by the issuing body. If the body refuses the payment authorization, the order will not be accepted. In this case, the seller will not be liable for any delay or refusal to complete the order. The seller is not liable for any fees charged by the issuing body when paying for the order by bank card.
Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer. The products remain the property of the Seller until full payment has been received by the Seller.
6- Withdrawal period
The right of withdrawal does not apply to contracts for the supply of the following products:
- (i) goods made to the consumer's specifications or clearly personalized: this concerns all orders for set pieces, macaroon boxes, logs, pyramids, special cakes, wedding cakes and personalized chocolates ;
- (ii) fresh and perishable products such as macaroons, chocolates, pastries ;
- (iii) 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 the regulations in force, the Customer has a period of fourteen (14) days from receipt of the product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement.
However, a modification or cancellation by the customer may possibly be taken into account if the order is being prepared or has not yet been prepared. This possibility is appreciable on a case-by-case basis. In the event of cancellation, the refund will be made by check and sent to the address specified by the customer.
7- Availability of products
The products sold on the site are offered within the limits of available stocks. Exceptionally, a product presented as available may be unavailable once the order has been validated.
In the event of a stock shortage, the seller will contact the customer by email or telephone as soon as possible in order to define with him:
- Postponing the order until the product restocking date when possible.
- Replacement of the missing product with another equivalent in quality and price.
The seller's products are handcrafted and are available in limited quantities. Given the high traffic during the holiday season, orders placed during these periods may result in a greater risk of stock shortages compared to those placed during the rest of the year.
8- Delivery conditions
POSTAL DELIVERY
Deliveries are made to mainland France and the Principality of Monaco.
The seller does not deliver to the French overseas departments and territories.
The delivery time for packages is 2 to 5 working days from the date of order. Chronopost does not deliver on Saturdays and Sundays, any order shipped on Friday will arrive the following Wednesday at the earliest. Shipments are made from Monday to Friday.
Deliveries are made by Chronopost, to the address provided by the Customer when ordering and which the carrier can easily access.
The customer agrees to provide precise, accurate and complete information to facilitate the delivery of his package. The seller reserves the right to contact the customer by telephone in the event of an incomplete or imprecise address in order to complete the information concerned with him in the event that the telephone number is not incorrect and the customer is available. In the event of an error concerning the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the order. The rerouting of the package to another recipient or to a new delivery address will be billed to the customer.
If the recipient or a person able to take possession of the package is absent upon delivery and if access to the recipient's mailbox is possible, the carrier will leave a delivery notice inviting the recipient to go to the relay point mentioned (post office or store) to collect their package. The package will only be kept for 14 days at the relay point, after which it will be destroyed.
The seller may not be held liable in any way for any deterioration of the products due to their late collection by the recipient. The Customer is required to check the condition of the products delivered.
Exceeding delivery times cannot give rise to damages.
If the product under the responsibility of the carrier has not been delivered for any other reason related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may be cancelled and the customer may obtain a refund of his payment to the exclusion of any other compensation or damages.
The seller cannot be held liable in the event of non-compliance with the legislation of the country of destination of the packages. It is the customer's responsibility to check with the local authorities the possibilities of importing and using the products available on the site.
The customer is advised that products will travel better during colder times of the year.
PICK UP IN STORE
The customer agrees to collect their order on the date indicated when placing the order. Any order forgotten by a customer cannot be kept for more than 48 hours due to the perishable nature of the products. Any forgotten order cannot be refunded under any circumstances, the seller cannot be held responsible for the alteration of an order due to its late collection.
The products are made available to the customer in the stores and at the times mentioned below:
NICE BARLA shop
18 rue Barla, 06300 Nice
Open Monday to Friday from 9 a.m. to 1 p.m. and 3 p.m. to 7:30 p.m., Saturday from 9 a.m. to 12:30 p.m. and Sunday from 9 a.m. to 1 p.m. and 4 p.m. to 7 p.m.
OLD NICE Shop
12 rue de la préfecture, 06300 Nice
Open Monday to Saturday from 9:30 a.m. to 7:30 p.m. and Sunday from 9:30 a.m. to 1 p.m. and 3 p.m. to 7 p.m.
GIOFFREDO's Shop
49 rue Gioffredo, 06000 Nice
Store pick-up exclusively on December 24 and 31
These places and times for order collection may be modified during holiday periods. The modifications will be available at any time on the site and may be communicated by telephone on 04 93 85 10 60 or by email to the following address:contact@patisseries-lac.com.
The transfer of ownership of the Seller's products to the Customer will only take place after receipt of payment of the price by the bank, regardless of the date of delivery of said products.
Regardless of the date of transfer of ownership of the products, the transfer of risks of loss and deterioration relating thereto will only be carried out at the time when the Customer physically takes possession of the products. The products therefore travel at the risk and peril of the Seller.
The products sold on the Website comply with the regulations in force. The products benefit by right and in accordance with the legal provisions,
- of the legal guarantee of conformity, for products which are apparently defective, damaged or damaged or do not correspond to the order,
- of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for consumption.
In order to assert his rights, the Customer must inform LABORATOIRE LAC, in writing, of the non-conformity of the products within a maximum period of three days from delivery or of the existence of hidden defects within a maximum period of 3 days from their discovery. After these deadlines, no claim may be validly accepted by LABORATOIRE LAC.
9- Complaints and reimbursement
The customer is required to ensure the conformity of his order upon receipt. Upon delivery, any absences or damage to products must be reported on the delivery slip.
Any complaint must, to be taken into account, be made within 48 hours following the date of delivery of the order by post to the following address: LABORATOIRE LAC, 113 route de Laghet 06340 La Trinité or by email to the following address:contact@patisseries-lac.com.
In any event, the seller's liability will be limited to the amount of the order.
For reasons of food hygiene and safety, LABORATOIRE LAC will not accept any return or exchange of foodstuffs, unless it has previously agreed to do so. If the return is agreed, the product must be returned in its original condition and packaging accompanied by proof of purchase. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs in the event of a claim (excluding exercise of the right of withdrawal) will be reimbursed upon presentation of supporting documents.
After analyzing the situation, LABORATOIRE LAC will determine at its discretion the appropriate arrangement, the refund of the amounts paid or a new delivery of the products within thirty (30) days from the cancellation of the order. By accepting such a replacement or refund, the customer or any other party concerned agrees to abandon any additional claim that could be made, including in particular the payment of interest.
10- Product quality
The seller guarantees to the customer that the products are manufactured and packaged according to strict quality and hygiene rules and stored according to the standards in force in France.
In the event that the customer does not respect the conditions or the optimum storage dates of the products, the seller cannot be held responsible for any alteration in the quality of its products.
All items offered on the site are subject to the legal guarantee relating to the consequences of defects and hidden defects that may affect the products provided for by article 1641 of the Civil Code. A period of 3 days is provided from the date of delivery to address to customer service any reservations or complaints concerning the non-conformity or apparent defect of the items delivered.
After this period and if this formality has not been respected, the articles will be considered as compliant and free from any apparent defect. As a result, no claim can be accepted by the seller.
11- Intellectual property
All elements of the site (photographs, illustrations, pictograms, logos, brands and descriptions) are and remain the intellectual and exclusive property of the seller.
The reproduction, representation, exploitation, rebroadcast or use for any purpose whatsoever, even partially, of the elements of the site, whether software, visual or audio, are subject to the express prior authorization of the seller and may be subject to financial compensation.
12- Protection of personal data
12.1. Collection of personal data
Personal data that is collected on the site “ www.patisseries-lac.fr" are as follows:
Account opening
When creating the Customer's account, their surname, first name, email address, date of birth, delivery and billing address.
Login
When the Customer connects to the website, the latter records, in particular, their surname, first name, connection data, usage data, location data and payment data.
Profile
The use of the services provided on the site allows you to complete a profile, which may include an address and a telephone number.
Cookies
Cookies are used in connection with the use of the site. The customer has the option to disable cookies from their browser settings.
12.2. Use of personal data
The personal data collected from Customers is intended to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the site by the customer ;
- management of the operation and optimization of the website ;
- manage our business relationship ;
- organization of the conditions of use of payment services ;
- verification, identification and authentication of data transmitted by the customer ;
- maintain and update our customer files ;
- personalization of complementary or promotional offers or display advertisements based on the customer's browsing history, according to their preferences ;
- the prospecting and development of the Seller’s activities ;
- carry out analyses and statistics, and develop management, measurement and reporting tools with a view to adapting the Seller’s commercial and marketing activities ;
- fraud prevention and detection,malware(malicious softwareOr malware) and security incident management ;
- management of possible disputes with customers ;
- sending commercial and advertising information, based on customer preferences.
12.3. Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the customer uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which the Seller has entered into contracts ;
- when the customer publishes, in the free comment areas of the website, information accessible to the public ;
- when the customer authorizes a third party website to access his data ;
- when the website uses the services of service providers to provide customer support, advertising, product delivery and payment services. These service providers have limited access to the customer’s data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data ;
- if required by law, the Seller may carry out the transmission of data to respond to claims made against it and to comply with administrative and judicial procedures ;
- If the Seller is involved in a merger, acquisition, transfer of assets, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In this case, customers would be informed before personal data is transferred to a third party.
12.4. Transfer of personal data
The Seller undertakes to only transfer personal data outside the territory of the European Union with the prior authorization of the Customer and within a secure framework in accordance with the requirements of the applicable legislation, that is to say either to countries offering a level of protection deemed “adequate” within the meaning of the European data protection authorities (CNIL), or to entities having signed contractual clauses as issued by the European authorities.
12.5. Security and Privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
12.6. Implementation of user rights
In accordance with the regulations applicable to personal data, customers have the following rights:
- they can update or delete their personal data by logging into their account and configuring their account settings ;
- They can delete their account by writing to the following email address:julien.lac@patisseries-lac.com. Please note that information shared with other customers may remain publicly visible on the website, even after their account is deleted ;
- They can exercise their right of access, to know the personal data concerning them, by writing to the following email address:julien.lac@patisseries-lac.com. In this case, before implementing this right, the Seller may request proof of the customer's identity in order to verify its accuracy ;
- if the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the following email address:julien.lac@patisseries-lac.com;
- Customers may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address:julien.lac@patisseries-lac.com.
12.7. Evolution of this clause
The Seller reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the Seller undertakes to publish the new version on its website. The Seller will also inform customers of the change by email, at least 15 days before the effective date. If the customer does not agree with the terms of the new wording of the personal data protection clause, they have the option of deleting their account.
13- Responsibility of the Seller
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure
- the Seller cannot be held responsible and no compensation may be requested from it for failure or delays in delivery of the Products sold.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products which are non-compliant or affected by a defect.
14- Independence of clauses
In the event that any of the clauses of these T&Cs is declared inapplicable or invalid for any reason, this invalidity will not affect the application or validation of the other clauses. The invalidated or inapplicable clause will be replaced by the closest possible provision.
15- Force majeure
Neither the seller nor the customer shall be held liable for any failure to perform, non-performance or delay in the performance of any of the obligations described in these General Terms and Conditions which has its origin in a case of force majeure or a case of natural disaster as defined by the courts.
The Seller shall not be held liable for interruptions, delays or unavailability of the Site due to maintenance work, interruptions to the Internet network, technical breakdowns, force majeure, the actions of a third party or any circumstances whatsoever.
The Seller strives to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice.
The Site contains information from third parties, the Seller therefore gives no guarantee as to the accuracy, precision or completeness of the information made available on the Site. The Seller cannot be held liable under any circumstances for any occasional errors that may occur on the site.
16- Applicable law - Language
These T&Cs are governed by French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
17 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts of the jurisdiction of Nice.
In the event of a dispute, an amicable solution will be sought as a priority before any legal action. The customer is invited to contact customer service by mail at the following address: LABORATOIRE LAC, 113 route de Laghet 06340 La Trinité.
18 – Pre-contractual information – Customer acceptance
The fact for a natural person (or legal entity) to order on the Internet site “ www.patisseries-lac.fr » implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ANNEX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “ https://www.patisseries-lac.com/en/chocolatier-lac-artisan-chocolatier-chocolat-de-qualite-nice » except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of:
SARL LABORATORY LAC
113, Route de Laghet, Nartas District
06340 LA TRINITE
I hereby notify the withdrawal of the contract relating to the order of the services below:
- Order dated:
- Order number:
- Customer Name:
- Customer Address:
Customer Signature
(only if this form is notified on paper)