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 €4,000,000 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 88 328 315 462, 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. The prices indicated on the catalog pages do not include shipping costs. Shipping costs on the day of the order are indicated on the Website, before any order that you place is submitted. The total price including tax indicated in the confirmation of your order is the total price of the order you are placing including VAT and all other taxes and duties. This price includes the price of your items and shipping costs.
VIII. Payment
When you place your order you may choose to pay by credit or debit card or by check. 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. Checks, 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
Boutique en ligne
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. An invoice will be included in the package unless the shipping address is different from the billing address (where the items ordered are a gift, for example). In such cases the invoice will be sent by mail to the billing address.
IX. Shipping
9.1 Conditions
The order cannot be dispatched until full payment for the goods and shipping costs has been received. FAUCHON reserves the right to cancel any confirmed order that has not been settled within a period of 15 days following the date of the order. Any event considered as beyond our reasonable control, such as war, riot, fire, climate, industrial action, interruption in the supply of raw materials or breakdown in the transport system that would tend to delay, prevent or add exorbitant cost to delivery, constitutes, by express agreement, a cause for the suspension or annulment of the obligations of FAUCHON, without indemnity to the profit of the customer if the event is prolonged beyond a period of fifteen (15) days. FAUCHON will inform you by all appropriate means of the existence of such an event in order to enable you to cancel your order by simply replying by mail. If, for any cause other than an event beyond our reasonable control, the goods ordered have not been delivered within a maximum period of thirty (30) days after reception of your settlement by FAUCHON, the sale may be canceled at your request. Any sums that you have paid will then be returned to you without delay.
9.2 Costs
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.
9.3 Terms
For all shipments other than those delivered by the FAUCHON Plus Service (uniformed driver) within the limit of the zones defined on the Website. Goods will be shipped via "Chronopost" in France and in all countries that accept this mode of transport. In other countries, goods are shipped by parcel post unless the customer expressly requests otherwise. For shipments outside the European Union, the customer undertakes to settle all duties and taxes due on the import of items and payable on delivery of the packages, such as customs duties, value added tax and/or all other taxes due in virtue of the statutes of the country of reception of the order. FAUCHON is exempt of all legal liability should the customer fail to effect payment of such taxes. Goods ordered from FAUCHON are deemed delivered when they are remitted to the carrier. Goods are thus carried at the customer's risk even when the order is addressed to another consignee, the risk of loss and damage of the goods being transferred on remittance of the goods to the carrier. The customer is responsible for checking the state of the goods on reception and in the event that items are missing or damaged, for communicating any concerns regarding the carrier by recorded delivery letter within 72 hours of delivery. In the event that the goods delivered are not correct or obviously defective, the customer benefits from a period of seven (7) days from the reception of the goods to register a complaint in writing (mail, e-mail, fax) with our customer services. After this time, the goods delivered will be deemed compliant and exempt of any obvious defect.
X. Guarantee: satisfied or reimbursed
In application of the provisions of Article L. 121-16 of the French Consumers' Code, you benefit from a period of reflection of seven clear days from the date of reception of the goods ordered to withdraw from the contract and return the goods, at your cost, to FAUCHON at the following address: 26 Place de la Madeleine, 75008 Paris. If the period of seven (7) days would expire normally on a Saturday, a Sunday or a public holiday, it is extended until the next working day. If you choose to exercise your right of withdrawal, we will reimburse you for the sums paid, excluding the cost of return transport, by bank transfer or by check within a maximum period of thirty days following reception of the goods returned. The customer's right of withdrawal does not apply to perishable items.
XI. Guarantee of compliance of the goods
FAUCHON is accountable under statutory warranty for any hidden defects in the items sold. On condition that the customer as a legal person provides proof of the hidden defect, the vendor is legally required to make good any consequential damage or loss.
XII. Customer Support
If you have any questions or if you require further information, please contact our mail-order services staff either by telephone on 00 33 (0)1 70 39 38 00 (from Monday to Friday inclusive from 9 a.m. to 7 p.m.), by letter addressed to FAUCHON – Online Boutique, 26 Place of the Madeleine – 75008 Paris, or by e-mail to the following address: cadeaux@FAUCHON.fr
XIII. Personal data
By ordering via the FAUCHON Website, you consent to the use of personal data concerning yourself that you have communicated to us or that is collected when using the Website. This information is necessary for the processing of orders. In compliance with the provisions of French Statute n° 78-17 of 6 January 1978 regarding information technology and data protection, FAUCHON has declared the existence of this personal data file with the Commission Nationale Informatique et Libertés (French Data Protection and Privacy Commission). You have the right to access, correct or contest personal data collected concerning yourself at any time. This right can be exercised by choosing the relevant option online when you log in or by correspondence addressed to FAUCHON – Online Boutique - 26, Place de la Madeleine, 75008 Paris. Through FAUCHON, you may receive sales propositions from other companies. With your consent, FAUCHON may (I) transfer collected data (with the exception of e-mail addresses) to the profit of any third party and (II) use your e-mail address to send messages concerning FAUCHON goods and services.
XIV. Liability
Without proof of responsibility, FAUCHON cannot be held liable for any damage or loss of any kind, whether material, moral or corporal, that may result from the incorrect use of your username or the operating procedure when placing an order online. In particular, FAUCHON cannot be held liable as regards any risk inherent to the use of the Internet, such as, in particular, any interruption of service, intrusion or presence of a computer virus.
XV. Modification
The parties agree that FAUCHON can, by law, modify its service without other formality than that of notifying the customer online for a period of 1 month and by including, if need be, any such modifications in the general sales conditions online. FAUCHON kindly asks you to pay close attention to the general sales conditions in effect each time you place an order.
XVI. Protection of minors
In compliance with provisions of Article L. 3342-1 of the French Public Health Code, the sale of alcohol is prohibited to minors under sixteen years of age. You must therefore be of legal age to order goods on our Website.
XVII. Dispute
The present general sales conditions and all the operations and transactions to which they apply are subject to French law. In the event of dispute, you should first contact FAUCHON in order to seek an amicable settlement. If no amicable settlement can be reached, proceedings will be brought before the relevant jurisdictions.
XVIII. Legal notice
CEO: Mr. Michel Ducros
Company: FAUCHON SAS (simplified joint-stock company) with registered capital €4,000,000 Registered office: 26 Place de la Madeleine – 75008 Paris Siren 326 315 462 RCS Paris Customer service: Tel.: 00 33 (0)1 70 39 38 00 - Fax.: 00 33 (0)1 70 39 74 10 – E-mail: cadeaux@fauchon.fr Website hosted by: Ornis