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TERMS & CONDITIONS FOR SALE

  1. SUBJECT

The present General Terms and Conditions of Sale (hereinafter “GTC”) define the terms and conditions under which any natural person (consumer) or any legal entity (non-professional) acting for purposes that do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity (hereinafter “the Customer”) orders and purchases the products (hereinafter “the Products”) marketed by the company Maison Constanti (hereinafter “Maison Constanti”), on the Internet site: [-] (hereinafter “the Site”). The present GTC do not apply to legal entities acting for professional purposes within the meaning of the preliminary article of the Consumer Code, nor to natural persons placing an order for the needs of their professional activity. It is expressly forbidden to purchase Products on the Website for resale to anyone.
  1. APPLICATION OF THE GENERAL CONDITIONS OF SALE
2.1. The present G.S.T. are brought to the attention of the Customer to enable him to place an order. 2.2. The fact that the Customer fills in an order on the Site and confirms the order implies full and complete acceptance of these G.S.T., which alone will be applicable to the order placed by the Customer. 2.3. Maison Constanti reserves the right to modify all or part of the present G.S.T. at any time. The version applicable to the Customer’s purchase is the one in force on the date the order is placed. 2.4. The Customer, in his capacity as a non-professional, acknowledges having been informed, prior to placing his order, in a legible and comprehensible manner, of these GTC and of all the information and details referred to in Article L. 221-5 of the Consumer Code, and in particular the following information
  • The essential characteristics of the Products;
  • The price of the Products and related costs (e.g. delivery);
  • Information relating to the identity of Maison Constanti, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
  • Information on legal and contractual guarantees and their implementation modalities;
  • The possibility of resorting to conventional mediation in the event of a dispute ;
  • Accepted means of payment.
  1. CHARACTERISTICS OF THE PRODUCTS OFFERED
3.1. The Products offered to the Customer are those which appear in the catalog published on the Site within the limits of available stocks and subject to the proper functioning of the Site. 3.2. Each Product is presented with a photograph and a description established by the House Constanti. The descriptions are intended to present to the Customer the essential characteristics of the Products before the final order is taken. The photographs of the Products are provided as an indication, and are not contractual. 3.3. The choice and purchase of a Product is the sole responsibility of the Customer. 3.4 Maison Constanti takes particular care to ensure the quality of the Products offered for sale on the Website. The Products are stored in optimal conditions of conservation and are prepared and packaged according to strict quality rules.
  1. ORDER TAKING AND CONFIRMATION
4.1. Ordering on the Site implies the opening of a Customer Account by entering two identifiers: an e-mail address and a password. These identifiers are and must be kept confidential. The right of access by the Client to the identifiers can be made by simple request to the Internet Customer Service of Maison Constanti, which will only reply by e-mail to the address used when the Client Account was created. 4.2. To place an order, the Customer undertakes to fill in the elements of his order with precision and rigor. The orders of Products on the Website are carried out by respecting the following stages:
  1. The Customer fills his virtual cart by clicking on “Add to Cart”;
  2. The Customer connects to his Customer Account
  3. The customer accesses the virtual basket and checks the details and the price;
  4. The Customer enters the delivery address and the delivery date;
  5. The Customer clicks on “Validate the order”;
  6. The Customer enters the necessary information for online payment;
  7. The Customer checks the box “I have read and accept the general conditions of sale”. The registration of the order is realized when the Customer accepts the General Conditions of Sale;
  8. The Customer clicks on “Confirm order with payment obligation”;
  The sale will be considered definitively formed only after the validation of the payment by the Customer and the reception by the Customer of the electronic e-mail of confirmation of the acceptance of the order by.   In the absence of proof to the contrary, the data recorded in the computer system of Maison Constanti constitutes proof of all transactions concluded with the Customer. 4.3. Maison Constanti will confirm the order and its payment:
  • On the Site, following the payment ;
  • By e-mail, to the e-mail address indicated by the Customer;
or, if necessary, its refusal within 48 working hours following the seizure of its order on Internet. 4.4 Any modification of the order by the Client after confirmation of the order is subject to acceptance by Maison Constanti. For any change to an order (billing address, delivery address, delivery date or order content), the Customer must contact Internet Customer Service no later than 2 working days before the desired delivery date (3 working days for international deliveries) by e-mail: sav@maisonconstanti.com or by telephone: 05 59 88 80 87. In case of modification of the order or of the delivery conditions, a credit note of the corresponding amount will be sent by e-mail to the Customer. No refunds will be given. The Internet Customer Service can be reached from Monday to Friday from 9am to 1pm and from 2pm to 5pm. sav@maisonconstanti.com and photograph of damaged product 4.5. Maison Constanti reserves the right to refuse an order in the event of a breach by the customer of one of its obligations, when there is a dispute relating to a previous order, and more generally, to refuse any order that is abnormal or incomplete for any reason whatsoever.
  1. MEANS OF PAYMENT
5.1. Payment for Products is made by VISA, MASTERCARD, or AMERICAN EXPRESS credit card, online from the Site, through the secure payment system of Maison Constanti’s banking establishment. The validation of the payment by credit card is immediate. 5.2. To be registered, the order must be paid in full. Unpaid orders cannot be processed.
  1. PROOF
6.1. Maison Constanti, via its host OVH, keeps the purchase orders and invoices in its computer system and in reasonable security conditions. 6.2. Consequently, the computerized records of OVH constitute a reliable and durable medium that can be produced as evidence.
  1. RIGHT OF WITHDRAWAL
In accordance with current legislation, 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 in particular orders for macaroon boxes; (II) fresh products, products likely to deteriorate or expire quickly such as macaroons, chocolates, dry cakes, confectionery, spreads, jams; (III) goods which are unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection. For other products, the Customer has a period of fourteen (14) days from receipt of the product to exercise his right of withdrawal from Maison Constanti, without having to give reasons or pay penalties, for exchange (subject to availability) or refund. If this period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next working day. The right of withdrawal can be exercised on plain paper or using the withdrawal form (Annex 1 of these GTC). In the event of online transmission of this form via the website, Maison Constanti will immediately send the Client an acknowledgement of receipt on a durable medium. The Products are to be returned within fourteen (14) days following the notification to Maison Constanti of the Customer’s decision to withdraw, accompanied by the purchase invoice in their original packaging and in perfect condition allowing them to be marketed again in new condition. Damaged, soiled or incomplete Products will not be taken back. Returns must be sent to the following address: Maison Constanti – Service Client Internet 14 rue Pablo Picasso, 64400, Oloron-Sainte-Marie. In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the return costs will be borne by the Customer. The exchange (subject to availability) or refund will be made within fourteen (14) days from receipt by Maison Constanti of the Products returned by the Customer under the conditions of this article.In accordance with Article L 121-16-1 III of the Consumer Code, this right of withdrawal applies to a professional only if the object of his order does not fall within the scope of his main activity and he does not employ more than 5 employees.
  1. STOCKOUT
8.1. The Products sold on the Site are offered within the limits of available stocks. A product that has become unavailable will, as soon as possible, be removed from the catalog of Products available for distance selling. 8.2. However, in case of stock shortage, Maison Constanti will contact the Customer by phone or e-mail as soon as possible to agree with him:
  • to postpone delivery pending replenishment of that product, where possible, or
  • replace the product by another equivalent in quality and price;
  • to cancel and refund within 30 days.
8.3. Maison Constanti products are handcrafted and available in limited quantities. For all intents and purposes, it is important to note that orders placed during the holiday season (especially the end of the year) may result in a greater risk of stock-outs than those placed during other periods of the year.
  1. PRICE
9.1. The Products are supplied at the prices in force on the Website at the time the Customer places the order. The prices indicated are in Euros, including VAT, from the Maison Constanti laboratory. 9.2. Delivery charges are invoiced in addition to the price of the Products. Delivery rates depend on the delivery method chosen (home delivery), as well as the geographical area, weight and volume of the package.
  1. TRANSFER OF OWNERSHIP AND RISK
10.1. Maison Constanti reserves the right of ownership of the Products sold until full payment of the price by the Client. 10.2. In accordance with the provisions of article L.216-4 of the French Consumer Code, when Maison Constanti takes care of the delivery of the Product sold, the transfer of risks will be carried out at the moment when the customer takes physical possession of the Product.
  1. PRODUCT DELIVERY
11.1. Home deliveries are made in Metropolitan France and Corsica as well as in the following European countries: Germany, England, Austria, Belgium, Denmark, Scotland, Spain, Finland, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Sweden, within the time limits indicated when the Customer places the order. Additional shipping charges apply for overseas territories. The organization in charge of the delivery of the Products is La Poste Colissimo. The delivery times are as follows:
Day of the order Preparation Shipping Delivery (France) Delivery (Europe, DOM-TOM)
Monday to Thursday (excluding holidays) J + 1 J + 1       24 to 48 hours after shipment             2 to 5 business days  
Friday, Saturday and Sunday (excluding holidays) The following Monday (excluding holidays) The following Tuesday before 6 p.m. (excluding holidays)
Holiday Eve and Holiday The next business day The 2nd business day following
11.2 The Customer is responsible for the name and address information of the recipient. This information must be precise, accurate and complete (including door code and floor) to allow for delivery under normal conditions. 11.3. Maison Constanti can in no way be held responsible for a return delivery due to an address error or an impossibility to deliver to the address indicated. 11.4. In the event that a delivery address is incomplete or imprecise, Maison Constanti reserves the right to contact the recipient directly by telephone in order to complete the missing delivery information with him/her, provided that the telephone number is not incorrect and the recipient is available. 11.5. Orders indicating a P.O. Box address cannot be considered and processed. 11.6. In the event of the absence of the recipient or of a person who can take possession of the Products at the time of delivery, and insofar as he/she will have access to the recipient’s mailbox, the carrier will leave a notice inviting the recipient to come and collect his/her product at a post office. Under no circumstances shall Maison Constanti be held responsible for any deterioration of the Products due to their late collection from the carrier. 11.7. Subject to the limitations listed in these G.S.C., when the delay in delivery is greater than 48 working hours, the total amount of the order will be either refunded or credited back to the Customer in the form of a credit note. Delivery will be made between 7am and 8pm on the requested delivery day during holiday periods such as Christmas, Easter, Valentine’s Day, Mother’s Day, etc. …. During these periods, orders delivered late may be eligible for a credit note at the customer’s request. 11.8. Finally, if the product, under the responsibility of the carrier, has not been delivered, for any other cause related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may then be resolved and the Customer may obtain restitution of its price to the exclusion of any other compensation or damages. 11.9. In the case of an order in the Boutique, the Customer commits himself to come and collect his order at the Maison Constanti Boutique located rue des Pyrénées 64570 LANNES EN BARETOUS, 10 rue Henri IV 64000 PAU, boulevard des Pyrénées 64400 OLORON, on the same day and during the time slot that he has chosen As the Products are perishable, Maison Constanti will not be able to keep an order that has been forgotten by the Customer. Any forgotten order will not be reimbursed under any circumstances.
  1. CLAIMS AND REFUNDS
12.1. The Customer must check the condition of the Products upon receipt. In the event of shortages, losses or damages, the Customer must make all reservations with the carrier if the Products are delivered at home or by courier, specifying on the delivery slip the nature and extent of the damage. The Customer shall confirm, within three (3) days from the Reception, in writing (e-mail or mail) to the Customer Service, the reservations he has made. The claim must be accompanied by a photograph clearly showing the deterioration of the Product. After this period, the Products delivered shall be deemed to be in conformity and free of all defects. Maison Constanti will reimburse or replace at its own expense the Products that do not conform or are affected by a defect. 12.2. Complaints should be sent : By post, to the address below: Maison Constanti Remboursements 14 rue Pablo Picasso, 64400, Oloron-Sainte-Marie By e-mail, to sav@maisonconstanti.com 12.3. In the event of a dispute falling under the responsibility of Maison Constanti and justifying a credit note or the refund of all or part of the order, the Customer will receive notification by e-mail within 21 days of the complaint.
  1. PRODUCT GUARANTEE
13.1. Maison Constanti guarantees to the Customer that the Products are manufactured and packaged according to strict quality rules, and kept in accordance with the standards in force in France. 13.2. However, Maison Constanti will not extend its guarantee on its Products if the Customer has not respected the optimum conditions of conservation, or if the Customer has consumed the Products beyond the expiration date indicated on the packaging. In any case, for all Products sold, Maison Constanti cannot be held responsible in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure. 13.4. The Products supplied benefit by right, in accordance with the legal provisions:  
  1. Legal warranty
When acting under the legal warranty of conformity, the consumer has a period of two (2) years from the delivery of the goods to act against the seller; he may choose between repair or replacement of the goods, subject to the cost conditions provided for by Article L 217-9 of the Consumer Code.   The Customer is exempted from proving the existence of the defect of conformity of the Product during the twenty-four (24) months following the delivery of the Product (except for second-hand goods where the period is six (6) months).   The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
  Maison Constanti will replace as soon as possible and at its own expense, the Products delivered whose defects of conformity will have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code. If the replacement is impossible or involves disproportionate costs, Maison Constanti may proceed with the refund of the Product. The Client may not, however, contest conformity by invoking a defect that he/she knew or could not have been unaware of when he/she contracted or the fact that the Product does not correspond to a special intended use and which has not been brought to the attention of Maison Constanti. In addition, the warranty is excluded for defects, deterioration or anomalies of any kind that did not exist at the time of delivery of the Product and that result, in particular, from abnormal use or storage of the Products by the Customer.
  1. Hidden defect warranty
 
The Customer may decide to implement the warranty against hidden defects of the Product in the sense of Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. The Customer has the choice between : – keep the product and ask for a price reduction and ; – return the product and ask for a refund of the price paid as well as the costs incurred by the sale.
  – Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them. – Article 1648 al 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than fourteen (14) days after Maison Constanti has established the lack of conformity or the hidden defect.   The refund will be made by crediting the Customer’s bank account or by bank check sent to the Customer. In case of delivery, the shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts.
  1. INTELLECTUAL PROPERTY
14.1. All elements of the Site (photographs, illustrations, pictograms, and descriptions, logo, brand) are and remain the exclusive intellectual property of Maison Constanti. No transfer or license of exploitation of Intellectual Property Rights is made through these GTC. 14.2. The reproduction, representation, exploitation, rebroadcasting or use in any capacity whatsoever, even partially, of the elements of the Site, whether software, visual or sound, are subject to the express and prior authorization of Maison Constanti, holder of all intellectual property rights. 14.3. It is reminded that MAISON CONSTANTI is the owner of the registered logo MAISON CONSTANTI, of the registered name DOUCEURS DU BÉARN as well as of the shape of the beret mold. The customer acknowledges the exclusive rights of MAISON CONSTANTI on the MAISON CONSTANTI logo, DOUCEURS DU BÉARN, the shape of the beret mold, and refrains from making any use of it and more generally from infringing on the intellectual property rights of MAISON CONSTANTI. MAISON CONSTANTI reserves the right to claim damages in case of infringement of its intellectual property rights. In the same way, the Customer shall refrain from infringing on property rights, and in particular intellectual property rights.
  1. PROTECTION OF PERSONAL DATA
15.1. In the context of the purchase of its Products, Maison Constanti is required to collect and process personal data concerning the Customer. 15.2. Maison Constanti is led to create a file of personal information of its customers. The information collected is recorded in a computerized file by Maison Constanti, under the responsibility of Nathalie Constanti, responsible for data processing within our company. They are kept for a period of 10 years, except in the event of a request for deletion or anonymization of your personal data. The information collected on this site is intended exclusively for :
  • to ensure the processing, invoicing and shipping of orders. The personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders and the issuing of invoices;
  • to carry out statistical studies;
  • organize advertising campaigns aimed at its customers, subject to voluntary registration for our newsletter (option offered when opening your account).
The information recorded is reserved for the use of Maison Constanti and is not communicated to third parties for commercial or advertising purposes. Only the partners and subcontractors of Maison Constanti, involved in the processing of orders, have access to personal data and in particular some of the manufacturers who ship goods directly from their warehouses or the courier carriers in charge of delivering the packages. In this context, Maison Constanti provides them with the following information:
  • Full name of recipient and company name if applicable ;
  • Mailing address ;
  • A telephone number at the delivery location;
  • The email address of the customer for the follow-up of the routing
  • All useful details for the good routing of your order.
Maison Constanti certifies that it does not transfer any personal data outside the European Union, with the exception of customs declarations linked to the shipment of goods outside the EU or French overseas territories. 15.3. The person responsible for the processing of personal data within our company is Nathalie Constanti. To contact her by mail : Nathalie Constanti – Maison Constanti, rue des Pyrénées, 64570 LANNE EN BARETOUS To contact her by telephone: 05 59 88 80 87 To contact her by email: contact@maisonconstanti.com Maison Constanti is thus committed to protecting personal data, in accordance with the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms. Each customer, each Internet user has the right to oppose (art. 26 of the law), access (art. 34 to 38 of the law) and rectify (art. 36 of the law) data concerning him. Thus, the clients of Maison Constanti may demand that any information concerning them that is inaccurate, incomplete, equivocal, outdated or whose collection or use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted. Clients of Maison Constanti may also, for legitimate reasons, object to the processing of data concerning them. 15.4. To update your account data, the Customer logs in to his customer account. It has the option of:
  • Change your name, email and phone number;
  • Modify your addresses;
  • Change your password
  • Modify your subscription to the newsletter.
15.5. The Customer may request the deletion / anonymization of his personal data by following the procedure described below. This process is equivalent to deleting the customer’s account, after completing it, the Customer will no longer be able to access his account. In order to delete his customer account he must Submit your email in the form below Click on Submit-button to send the request 3. A confirmation email will be sent, you must click on the link in this email to confirm the request. 4. The account and personal data will then be deleted (note that this cannot be undone). 15.6. Cookies Maison Constanti may ask the user of the Site to accept cookies for statistical and display purposes (banner located on each page of our site with the mention ACCEPT). . Some cookies are necessary for the operation of the Site. If the Customer chooses to block them, certain parts of the Site may not function. The “unnecessary” cookies are used to collect statistical information on the use of the ISte or to share content on the social networks of the Customer’s choice If you do not click on REFUSE, continuing to browse our site means you agree to the deposit of cookies on your terminal.
  1. INDEPENDENCE OF CLAUSES
If any of these terms and conditions shall be held to be unenforceable or invalid for any reason, such invalidity shall not affect the operation or validity of the remaining provisions of these terms and conditions, and the provision so held to be invalid or unenforceable shall be replaced by the closest possible provision.
  1. MAJOR FORCE
17.1. Neither Maison Constanti, nor the Client can be held responsible for any non-performance, non-execution or delay in the execution of one of its obligations described in the present G.C.S. which would have its origin in a case of force majeure. 17.2. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1218 of the Civil Code. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, employer strikes, riots, civil unrest, insurrections, wars, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing computer breakdowns, telecommunications blockages, including telecommunications networks, any challenge to the mathematical foundations governing the theory of cryptographic algorithms used for public key infrastructures and any other event beyond the control of the Parties preventing normal performance of the contract.
  1. IMPREVISION
The present GTC expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all operations involving the sale of Products by Maison Constanti to the Customer. Maison Constanti and the Client each waive the right to invoke the provisions of Article 1195 of the Civil Code and the unforeseeable circumstances provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves to be excessively onerous, and to bear all the economic and financial consequences thereof.
  1. PARTIAL NULLITY
The invalidity or inapplicability of any of the stipulations of these GTC shall not invalidate the other stipulations, which shall retain their full force and scope.
  1. NO WAIVER
The fact that the Client or Maison Constanti has not required the application of any clause of this deed, whether permanently or temporarily, with respect to the other, cannot be interpreted as a waiver of the right to invoke any of the said provisions at a later date.
  1. APPLICABLE LAW
The present general conditions are governed exclusively by French law. An amicable solution will be sought as a priority before any legal action. For this purpose, we kindly ask our Customers to contact our Customer Service by mail at the following address: serviceclient@maisonconstanti.com. The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. consumption. art. L. 612-1) or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute. In the absence of an amicable solution, any legal action will be brought before the competent courts under the conditions of common law.   Appendix 1 – Sample Withdrawal Form for Non-Food Products Only (Complete and return this form only if you wish to exercise your right of withdrawal) To the attention of La Maison Constanti- Customer Service – RUE DES PYRENEES – 64570 LANNE EN BARETOUS- France OR serviceclient@maisonconstanti.com. : I hereby notify you of my withdrawal from the contract for the sale of the following Product(s): Ordered on (*)/received on (*), Name of the Client, Customer’s address, Customer’s signature (only if this form is sent in paper format), Date