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General terms of sales

1. PURPOSE

These General Terms of Sale (hereinafter "the Terms") govern the commercial relations between the company CAFE POUCHKINE SAS, whose registered office is located at 82 rue Gaston Lauriau in Montreuil (93100), existing under the laws of France, with registered number 519 649 586 (hereinafter "CAFE POUCHKINE SAS") and any consumer or non-professional buyer (hereinafter "the Customer"), wishing to purchase CAFE POUCHKINE products by placing an order, via the website www.cafe-pouchkine.fr (hereinafter "the Website") or by telephone or email to the sales department of CAFE POUCHKINE SAS (hereinafter "the Sales Department").

These Terms do not apply to orders placed by legal or natural persons placing an order in the course of their professional activity (as business gifts).

These Terms takes precedence over any other contradictory document or any other general conditions emanating from the Customer.

2. ORDER

Order taking

The Customer can place an order with CAFE POUCHKINE SAS:

Any order implies knowledge and acceptance without reservation of these Terms.

The Customer is required to provide complete, up-to-date and fair information.

Orders must be placed with the Sales Department, minimum 72 hours (working days) before the day of delivery desired by the Customer. Unless CAFE POUCHKINE SAS agrees, any order placed beyond this deadline will not be honored.

For significant orders, specific or quantitative (as wedding cakes , pyramids, etc.), order times may be longer. As such, the Sales Department will inform the Customer of the delivery time according to the specificity of the order.

CAFE POUCHKINE SAS underlines the fact that deliveries are only possible if the place of delivery is in the Ile-de-France region.

Each order is subject to acceptance by CAFE POUCHKINE SAS. CAFE POUCHKINE SAS reserves the right not to fulfill the order due to insufficient stock, if the Customer's delivery address is not in the Ile-de-France Region, or for any other legal reason. In this case, CAFE POUCHKINE SAS agrees to inform the Customer within 2 working days maximum from the Customer's order.

The photographs appearing on the Website or on the various brochures are given for information only and are not contractual.

Registration and validation of the order

In the event that CAFE POUCHKINE SAS accepts the Customer's order, the latter will receive by email from the Sales Department, an estimate including the following information (hereinafter the "Quotation"):

Upon receipt of the Quotation, the Customer will be able to correct or modify its choices by notifying the Sales Department.

If the Quotation is suitable for the Customer, he / she will be able to definitively validate his / her order:

Any order placed by the Customer will be final only after the receipt of the confirmation of the order by the Sales Department and after registration by the bank of the full price of the order, cost of transport included if any, in accordance with the terms of payment described below.

Any modification of the order by the Customer is subject to the acceptance of CAFE POUCHKINE SAS. CAFE POUCHKINE SAS reserves the right to refuse this modification depending on the availability of products and feasibility.

Any cancellation of order must be communicated to CAFE POUCHKINE SAS, at least 72 hours (working days) before the delivery date indicated to the Customer.

The cancellation of any order within 72 hours (working days) entails the total billing of the order to the Customer. In the case of the implementation of specific means by CAFÉ POUCHKINE SAS, the costs incurred will also be billed to the Customer.

For all important orders, specific or quantitative (as wedding cakes, pyramids etc.), any cancellation of order must be communicated to CAFE POUCHKINE SAS at least 15 working days before the delivery date indicated by the Customer.

The cancellation of any order within 15 working days, entails the total invoicing of the order to the Customer. In the case of the implementation of specific means by CAFÉ POUCHKINE SAS, the costs incurred will also be billed to the Customer.

3. PRICE

The Quotation sent to the Customer by email includes:

The total price, indicated in the order confirmation is the total price of the order including the price of the products, additional costs and transport costs if applicable.

The prices indicated on the Website and / or in the various brochures do not include the delivery costs and can be revised freely by CAFE POUCHKINE SAS, in particular according to the price of seasonal products and economic conditions.

4. PAYMENT TERMS

The total amount of the order is paid by the Customer at the same time as the confirmation of the Quotation.

The payment can be executed:

Once the payment has been made, an invoice in the name of the Customer will be sent by e-mail by the Sales Department.

The Customer's order will not become final until the cash payment has been made. Any unpaid order cannot be delivered. This is why there are no discount conditions or late penalties.

For cakes that include a stand, the Customer must pay to CAFE POUCHKINE SAS a deposit by check or by transfer. The amount of the deposit will be specified in the Quotation. The stand must be returned 48 hours (working days) maximum to CAFE POUCHKINE SAS after the delivery of the order. For this purpose, a carrier will go to the Customer's place of delivery to pick up the stand, at a time agreed with the latter.

In the event that the stand is not returned to CAFE POUCHKINE SAS within the given deadlines or if the stand is returned in poor condition, CAFE POUCHKINE SAS reserves the right to cash the Client's deposit check or to keep the amount paid by the Client as a deposit. The transport costs will be billed to the Customer and will appear in the Quotation.

5. DELIVERY

Delivery time

CAFE POUCHKINE SAS endeavors to respect the delivery times indicated in the confirmation of the order. However, CAFE POUCHKINE SAS is not responsible or any delay in case of force majeure, or in case of circumstances beyond its control, such as strike, frost, fire, storm, flood, epidemic, difficulties of supply, accident that can paralyze directly or indirectly the activity, without this list being limiting.

In the case of deliveries, the Customer undertakes to communicate accurately the coordinates of the place of delivery, any error or delay in delivery cannot be charged to CAFE POUCHKINE SAS if incorrect information has been transmitted.

In case of non-compliance with the delivery times by CAFE POUCHKINE SAS not due to a case of force majeure or because of the Customer, the Customer may:

Delivery methods

The method of delivery depends on the nature of the Customer's order (size, quantity, etc.), on the wishes of the Customer and is decided by mutual agreement between CAFE POUCHKINE SAS and the Customer.

There are two modes of delivery:

Concerning perishable goods (macaroons, entremets, cake etc.), it is expressly specified that the absence of the Customer, at the time of delivery of the order or the absence of withdrawal of the order in the boutique in the delays indicated to the Customer, result in the total billing of the order to the Customer and the order will be considered lost.

Receipt of order

The transfer of ownership of the products for the benefit of the Customer takes effect only after full payment of the order.

At the moment of the order's departure, CAFE POUCHKINE SAS carries out a control and insures the risks of losses and deterioration of the products until the delivery of the order to the Customer (on the address indicated by the Customer or in the boutique).
The transfer of risks is therefore from the moment the Customer has acknowledged receipt of the order by signing the delivery note. From this date, the Customer assumes full responsibility for any damage that the products may suffer or cause.

Regarding perishable goods and in particular pastries, they must be kept cool and protected from moisture and consumed quickly upon receipt by the Customer.

It is the Customer’s responsibility to notify any potential damage or absence to the carrier when it is an on-site delivery or directly to the seller when it is a withdrawal in the boutique.
Any complaints about apparent defects or non-compliance of the delivered products must immediately be confirmed by email to the Sales Department and accompanied by photographs.
After analysis of the claim, and if it is accepted by CAFE POUCHKINE SAS, CAFE POUCHKINE SAS will propose as far as possible an arrangement or a commercial gesture to the Customer.
As a matter of hygiene, no fresh produce can be taken back or exchanged.

6. RIGHT OF WITHDRAWAL

According to the provisions of Article L221-28 of the French Consumer Code, the right of withdrawal applicable to distance selling can only be exercised in the case of the supply of:

In application of this text, the Customer does not have the period of 14 days to exercise his right of withdrawal concerning the aforementioned products.

For products that may be subject to a right of withdrawal (candles, jams etc.), the Customer must return them to the following address: 82 rue Gaston Lauriau, 93100 MONTREUIL, within 14 days from the delivery of the products ordered via the Website, by phone or email. The Customer does not need to justify a particular reason or pay penalties.

The return costs are the responsibility of the Customer and the products must be returned in their original packaging, unopened or opened, allowing their new commercialization in new condition.
In case of exercising of the right of withdrawal, the price of the returned product(s) will be refunded to the Customer as well as the transport costs of the initial order, unless the Customer prefers to exchange the product or products, subject to availability and acceptance of CAFE POUCHKINE SAS.

7. GUARANTEES

The products sold by CAFE POUCHKINE SAS benefit from the legal guarantee of conformity in the conditions of the articles L211-4 and following of the French Consumer Code and the legal guarantee against latent defects in the conditions envisaged in articles 1641 and following of the French Civil Code.

When acting as a legal guarantee, the Client:

The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.

8. APPLICABLE LAW

These Terms are subject to French law. In case of dispute an amicable solution should be sought first. Otherwise, any legal action must be brought before the courts of Paris.