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General terms and conditions of sale

General terms and conditions of sale

I. Foreword

The FAUCHON online sales service is reserved exclusively for adults purchasing items for their individual non-professional use (not for resale) and for corporate bodies purchasing items for purposes other than their professional activities, having consented to complete the mandatory fields presented on registration and having a shipping address located in one of the zones served by FAUCHON. Any purchase made in breach of the aforementioned conditions will incur the liability of the violator. Fauchon reserves the right not to fulfill any order that may seem abnormal or that calls into question the principle of purchase for personal use. The present general and special sales conditions cover all of the items proposed on the FAUCHON.fr website (hereinafter "the Website") and alone govern relations between FAUCHON S.A.S. (simplified joint-stock company), having share capital of €8,000,000 and registered offices at 26 place de la Madeleine, Paris (75008), listed with the Registre du commerce et des sociétés de Paris (Paris Commerce and Companies Register) under the number 326 315 462 and identified by EU VAT number FR 88 326 315 462, and its customers on the Website, to the exclusion of all other conditions.

II. Acceptance of our general and special sales conditions 

By submitting an order through our Website you signify your full and entire acceptance of the present FAUCHON general sales conditions and any special sales terms and conditions applicable to your order (items ordered as shown on the Website within the limit of specified quantities, designation, price, ingredients etc.). Please note that the Website provides a function that enables you to correct or modify your choice before confirmation. This function is accessible at all stages of the ordering process. 

III. Items 

Each article proposed on the Website is the subject of a summary presentation indicating its designation, quantity and price. Photographs used to illustrate our products are not contractual and are provided to illustrate the general appearance of the product. FAUCHON may in no case be deemed liable for inaccuracies that may occur in photographs. 

IV. Validity of proposition 

The validity of our ranges is guaranteed only during the period of presentation online and within the limit of available stocks. In the event that an item becomes unavailable after you have submitted your order, we will contact you by telephone or e-mail as quickly as possible in order to inform you of the situation and to agree with you: - to postpone delivery while awaiting resupply of the product where this is possible, - to replace the product by another product equivalent in quality and price, - to cancel the order and reimburse any sum that may have been paid, in accordance with the terms and conditions defined in Article X here below. 

V. Username and password 

You must select a username and a password when you place your first order. Your username and password are deemed to provide proof of your identity and you are accountable for any order submitted on the basis of these means of identification. They have the value of an electronic signature in the sense of the French Statute of 13 March 2000. You are solely responsible for your username and password and you will be held solely liable for any consequences that may result from their use by third parties who have knowledge of them, unless it can be shown that the knowledge of your username and password is the result of a fault that can be directly attributed to FAUCHON. Should you forget your password or username or if you have reason to think that a third party may have unwarranted access to them, a function on the Website enables you to retrieve your username and choose a new password. 

VI. Form of contract : Operating mode and proof 

6.1 Registration and confirmation of the order
Any order that you place gives rise to a simultaneous recapitulation before you are asked to confirm the order by indicating your choice of shipping address and means of payment. You are then asked to confirm your order. As soon you confirm your order it is registered automatically and becomes firm and definitive, with the statutory reserves detailed in the following paragraph. Any order that is paid by credit card or debit card is only considered effective when your card issuer clears the sum concerned. If payment is refused by the card issuer, the order is automatically canceled; no indemnity is payable to the customer; the customer is notified of the refusal by an on-screen message from the card issuer. 

6.2 Confirmation of reception of the order
FAUCHON confirms reception of your order. This confirmation is transmitted to you in the form of an e-mail listing the products ordered, the shipping address and the means of payment chosen (online or by check), and indicating an order number. You are responsible for the information you provide when you submit an order. If you make a mistake when entering your address or that of the place of delivery, or as regards your name, forename, address, telephone number, e-mail address, entry code or floor, leading to the loss of the goods, you remain liable for the payment of the lost items and no indemnity or reimbursement shall be made.

6.3 Proof
 The automatic registration systems of FAUCHON websites are deemed to provide a record of the nature, content and date (i) of your order, (ii) of confirmation of the reception of your order by FAUCHON and (iii) of all e-mails exchanged between FAUCHON and yourself. Data relative to any transaction performed on the basis of the username will be stored and archived by FAUCHON and will serve as proof in the event of litigation, in conformity with the French Statute of 13 March 2000 concerning electronic signatures and records. Such data will have probative force in the event of any dispute between the parties and may be conserved by FAUCHON for an unlimited period. 

VII. Price

Prices are expressed in euros. FAUCHON indicates all prices both excluding and including sales tax. Delivery fees are added on according to the order’s weight, volume and destination. Prices for similar products sold by FAUCHON in its stores or on its catalogue may differ from prices on the website without this obligating FAUCHON in any way. Customers are not entitled to purchase Internet products at store prices or Catalogue prices and vice-versa.
VIII. Payment When you place your order you may choose to pay by credit or debit card or by check or gift voucher. If you choose to pay by credit or debit card, you will be directed towards a secure CIC website that guarantees the confidentiality of your card details through protective encryption procedures. Only CB, Visa, Amex and Mastercard cards and Paypal are accepted.Checks or gift vouchers (with an extra payment by check if necessary), made out to FAUCHON, must be sent to the following address with an enclosed printout of the e-mail confirming your order (showing the order number): FAUCHON Service VAD 26, Place de la Madeleine 75008 Paris. 
No items will be shipped until funds are received in the amount of the order to the credit of FAUCHON's account as defined in Article 9 here below. The invoice will be sent by email to the billing address. If the amount of the order exceeds 200€, FAUCHON may ask for a wire transfer of the amount of the order + delivery fees before delivering the items.

IX. Shipping 

9.1. General information

Orders will be shipped only after receipt of a duly completed, dated and signed order form, together with payment in full, by one of the approved means, of the price of the products plus delivery. Any event defined by the relevant laws and legal precedent as force majeure which would delay or prevent procurement or make its cost exorbitant shall constitute, by express agreement, a cause for suspension or termination of FAUCHON’s obligations, without compensation to the customer if the event extends beyond a period of fifteen (15) days. FAUCHON shall inform customers by any means appropriate of the occurrence of such an event to allow them to withdraw their orders by means of a simple response by mail.

9.2 Specific conditions for macarons

Macarons are delivered to consignees from Tuesdays to Fridays and only in MAINLAND FRANCE, through Chrono 13 (no Chrono Relais) in a package specifically designed to keep them in optimal condition. Because macarons should only be consumed until the “Best Before Date” (“BBD”) indicated on the label on the underside of their container (the BBD is five (5) calendar days from the date of departure of the item from our Logistics Center as listed on the shipping label), FAUCHON draws its customers’ particular attention to the necessity of:- i) setting a delivery date which allows the package to be delivered to the consignee in person. PLEASE NOTE: If the package is picked up by the consignee more than 72 hours after the date of its departure from our Logistics Center – the date on the delivery label – Fauchon cannot guarantee the freshness of the macaroons (e.g., a package despatched the 10th and picked up by the consignee on the 14th or later);- ii) placing the macaroons in the refrigerator upon receipt of the package.

9.3 Shipping charges

Shipping costs, details of which are shown under the "FAQ" section of the Online Boutique, are automatically calculated when the order is placed and appear on the page indicating the price of the order before final confirmation.

9.4 Lead times

9.4.1 In mainland France
During normal delivery periods, excluding major holidays (Christmas, New Year’s Day and Easter) the lead time for delivery is typically two (2) business days (i.e., excluding Saturdays, Sundays and bank holidays) from the date of FAUCHON’s receipt of the order form accompanied by payment in full. During major holidays, these lead times can increase to a minimum of approximately ten (10) days. 

9.4.2 Outside mainland France
Depending on the products and country, lead-times can vary by several days or even weeks. FAUCHON invites you to contact our VAD department verify the lead times for delivery applicable to your order.

9.4.3 Delivery deadline
If, for any reason other than force majeure, the products ordered have not been delivered within a maximum of sixty (60) days from the date of FAUCHON’s receipt of the order form accompanied by payment, the sale may be cancelled on the customer’s request submitted by certified letter with return receipt requested. The sums paid by the customer shall then be refunded within a maximum period of thirty (30) days following receipt of the notice of cancellation by bank transfer or by check. Accordingly, any deliveries completed within sixty (60) days after Fauchon’s receipt of the order form accompanied by payment, will in no way justify the customer’s cancellation of the order, or give rise to damages, compensation or penalties. The same terms apply if the products have been shipped before receipt by Fauchon of the notice of cancellation sent by the customer.

9.5 Method and terms
For all deliveries other than those handled by FAUCHON’s liveried chauffeurs (within the zones served by this method), the method of choice will be “Chronopost” type in France and in all countries accepting this form of shipment. For all other countries, shipments are dispatched by parcel post. For shipments outside the European Union, the customer agrees to pay all taxes and duties on imported goods that are payable at the time of delivery, such as customs duties, value added tax and/or any other fees payable under the statutes of the country of destination of the order.FAUCHON disclaims all legal liability, should the customer not pay the required taxes or fees. The customer is responsible for checking the condition of the products delivered and, in case of missing or damaged items, of notifying any concerns to the carrier by registered letter with acknowledgment of receipt within seventy-two (72) hours of delivery. In case of non-compliance or apparent defect of the delivered products, the customer has a period of three (3) days from receipt of the products to register a claim in writing (mail, email and fax) with our Customer Relations Department accompanied by a photograph clearly showing the damage or defect. After this period, the products shall be considered compliant and free from all defects.For deliveries to the addressee's work location, the customer must take all necessary precautions to ensure that if the carrier does not have access to the site, the order can still be delivered to the addressee and that the addressee can receive it. FAUCHON has met its delivery obligation once the package is delivered by the postal services or the carrier to the address indicated by the customer. FAUCHON disclaims all liability for subsequent loss or theft.

9.6 Return charges
If products ordered are returned to FAUCHON via the postal services or the carrier either:i) because of the failure by the addressee to pick up the package by the deadline indicated on the notice of attempted delivery left by the postal services or the carrier or (ii) the inability to reach the addressee as a result of errors or omissions in the contact information and/or delivery address, or (iii) if the package is refused by the addressee for personal reasons, all expenses shall be charged to the customer. These charges include:- For deliveries in Mainland France: the return shipping costs to the FAUCHON warehouse as well as the shipping charges for the re-shipment of the products to the addressee, which shall be billed at the same price as for the initial delivery.- For deliveries outside Mainland France: the return shipping costs to the FAUCHON warehouse and the taxes on imported goods as well as the shipping charges for re-shipment of the products to the addressee, which shall be billed at the same price as for the initial delivery for shipment by parcel post, or in other cases on the basis of the estimate provided by the carrier.However, and if the return shipping charges are greater than the value of the products plus the re-shipment costs, the products ordered shall be disposed of at the delivery site, in which case the merchandise disposal costs, the cost of the new parcel and the costs of re-shipping this new package to the addressee shall be charged to the customer.

X. Warranty of product conformity

FAUCHON is bound by a statutory warranty against hidden defects on the products sold. Provided that the purchaser furnishes proof of the hidden defect within the two-year time limit imposed by Art. 1648 of the French Civil Code, the seller must legally repair all consequences thereof.

XI. Customer relations Department

For any problems or further information, please contact our department either by phone at +33 1 70 39 38 00 (Monday to Friday from 9 a.m. to 6 p.m.) or by letter addressed to FAUCHON – Service VAD, 26 Place de la Madeleine, 75008 Paris, France or by email to service-client-web@fauchon.fr.

XII. Personal information

By ordering from the website, the customer consents to the use of personal data collected on the order form. This information is required to process orders. FAUCHON may disclose the personal data thus collected to the service providers it subcontracts for the performance of its services.In accordance with the French Data Protection Act (No. 78-17) of January 6, 1978, FAUCHON has filed a statement with the Commission Nationale Informatiques et Libertés (the French data protection agency). You have the right, at any time, to access, correct or challenge the personal data collected concerning you. You may exercise this right by writing to FAUCHON – Service VAD, 26 Place de la Madeleine, 75008 Paris, France. 

XIII. Protection of minors

It is explicitly noted that, pursuant to Article L. 3342-1 French Public Health Code, the sale of alcohol to minors is prohibited. Anyone ordering from the website accordingly warrants that he or she is eighteen (18) years of age at the time of ordering.

XIV. Disputes

These General Terms and Conditions and all transactions involved therein are subject to French law. In case of dispute, the customer must first contact FAUCHON to seek an amicable solution. Otherwise, the matter will be brought before the competent courts. It is stipulated that the periods of legal limitation are not interrupted during the period in which an amicable solution is being sought.

XV. Legal Notice

Chairman : Michel GIRAULT
Simplified limited liability company with capital of € 8,000,000
Head office: 26 Place de la Madeleine, 75008 Paris, France
SIREN (company registration number) : 326 315 462 RCS Paris
Customer service : Tel.: +33 1 70 39 38 00 - Fax.: +33 1 70 39 74 10 - E-mail : service-client-web@fauchon.fr
CNIL Registration Number : 159 55 14