Terms and Conditions
TERMS AND CONDITIONS OF SALE
FAUCHON, a French Société par Actions Simplifiée (Simplified Joint-Stock Company) with capital of €8,000,000, entered in the Paris Trade and Companies Register under No. 326 315 462, with its registered address at 30, Place de la Madeleine, 75008 Paris, identified under intracommunity VAT No. FR 88 326 315 462 (hereinafter "FAUCHON"), operates a website accessible at the address https://www.fauchon.com/ (hereinafter the "Website").
These Terms and Conditions of Sale (hereinafter the "T&Cs") govern the commercial relations between FAUCHON and any natural person or legal entity placing an order on the Website (hereinafter "the Customer"), it being specified that the protective provisions of the French Consumer Code adopted within the context of the T&Cs do not apply to orders placed by natural persons or legal entities placing an order on the Website within the context of their professional activity, regardless of what this activity is (manufacturing, trade, private practice, industry).
These T&Cs do not apply, however, to orders placed within the context of the FAUCHON "Business gifts" service, which are governed directly by the documents issued by FAUCHON to the Customer within this context.
I. Purpose of the T&Cs and version in force
1.1. The purpose of these T&Cs is to lay down the conditions under which Customers can access and use the Website and place orders with FAUCHON, including all of the rights and obligations arising from them.
They apply to any order placed by a Customer through the Website, and to this method of ordering only. Where appropriate, the T&Cs shall prevail over any other contradictory documents not expressly accepted by mutual agreement between the Customer and FAUCHON as superseding the T&Cs.
1.2. Any Customer who accesses the Website undertakes to comply, without restriction or reservation, with the T&Cs, which are available at all times on the Website here, and also brought to their attention before their order is confirmed.
1.3. FAUCHON may amend these T&Cs, in particular to take into account any legal, judicial, editorial and/or technical changes. Changes to the T&Cs will be enforceable as soon as they are placed on the Website. From one order to the next, FAUCHON invites the Customer to reread the T&Cs on the Website carefully. The update dates are indicated.
In the event of any changes, the applicable T&Cs are those in force on the date the order is placed by the Customer.
2.1. The products offered for sale by FAUCHON are those available online on the date of the Customer's order, while stocks last.
The Customer will be notified if a product is unavailable at the time the order is placed.
However, if the product ordered by the Customer is no longer available after the order has been placed, FAUCHON will get in touch with the Customer as soon as possible to enable the Customer to either cancel the order and receive a refund for the product in question, or, if the product is expected to come back into stock, to postpone delivery until after said product is back in stock, or to receive a substitute for the unavailable product of an equivalent value. In the event of cancellation and a request for refund, the refund is made within ten (10) days of the date the order in question was placed, to the payment card used to place the order.
2.2. Each product sold on the Website is presented in a form that summarises its main features, and in a more detailed form (including in particular the composition of each product), which can be accessed by clicking on the product in question and scrolling down the page.
2.3. Product prices are indicated in Euro, inclusive of taxes. They take into account any discounts and the VAT rate in force on the day of the order.
The cost of delivery is not included in the product price and is invoiced to the Customer in addition. The amount is indicated prior to final confirmation of the order.
The applicable prices are those presented online on the Website at the time the order is confirmed by the Customer.
3.1. Customers can navigate the Website and familiarise themselves with the various products online with no obligation to buy or register. However, certain promotional offers or discounts may be reserved for account holders on the Website and they may need to log in using their user name and password to view them.
3.2. Any person wishing to place an order on the Website must be aged 18 or over on the day the order is placed. To place an order on the Website, Customers must create an account. They should then, when placing an order, either log in using their user name and password, or fill in the new account form.
To create an account, Customers must provide the following information: title, surname, first name, date of birth, full postal address, telephone number, valid email address and a password.
Customers have a duty to provide full, up-to-date and accurate information, otherwise FAUCHON may not be held responsibility in this regard.
Customers are informed, and expressly acknowledge, that some of the information requested is mandatory for fulfilment of the order they are placing.
If a Customer forgets the password, a new one can be obtained by clicking on the "Forgotten password" link. The Customer will receive an email inviting him to choose a new one under the conditions indicated.
The Customer acknowledges that the combined entry of his user name (email address) and password constitutes proof of his identity and binds him to any orders placed using them. Customers are responsible for keeping their password safe, and we recommend not disclosing it to any third parties. The Customer undertakes to notify FAUCHON as quickly as possible if his user name and password have been used by a third party not authorised by the Customer.
3.3. The Customer's order is placed in two stages: the Customer chooses and selects the product or products he wants to buy by clicking on "Add to cart", after first consulting the product page for the products in question and checking that they are suitable.
Once the selection has been made, he can continue his selection by clicking on "Continue shopping", view a full summary of his order by clicking on "My cart", or finalise the order by clicking on "Order".
If he chooses to finalise his order, the Customer must then select the delivery method, the payment method and the billing and delivery addresses. He is presented with a summary of the order (products ordered, quantity and price of products, delivery cost, delivery method, requested delivery date, etc.) before the Customer confirms it by accepting these T&Cs and clicking on "Place order".
The total cost, including VAT and delivery, will be clearly indicated to the Customer in Euro before the order is confirmed.
Until the order is confirmed, the Customer has the facility to amend or cancel the order, in whole or in part, using the "edit cart" or "edit" functions. Confirmation by the Customer by payment of the order means that the order is final, unless provided for otherwise. The order can no longer be amended (quantity, products, date and time of delivery, etc.) once it has been confirmed by the Customer.
Customers cannot place orders for delivery to an address not served by FAUCHON. The territories covered by the Website are listed here.
3.4. Customers can pay for orders by bank card (Visa, MasterCard, American Express), PayPal, or via the secure interface provided by the bank CIC. If payment is made by bank card, the Customer must confirm the order by entering a security code sent to him by SMS on the number indicated when the account was set up.
If payment is made by bank card, the Customer must fill in the following information: name of the card holder, card number, expiry date and the three-digit security code.
Payment by means other than those listed above is not accepted.
Orders are acknowledged by FAUCHON subject to payment. For payments by bank card, the payment will be acknowledged once the confirmation has been issued by the bank that issued the bank card used for payment. For payment by PayPal, the payment will be acknowledged as soon as PayPal confirms that there are sufficient funds in the account in question.
For payments greater than one hundred Euro (€100), FAUCHON may request proof of identification and a copy of the card used for payment in order to combat fraud.
3.5. Once the order has been confirmed and the payment made, the Customer receives an order confirmation by email. This email summarises the characteristics of the order (products ordered, price, requested delivery date, etc.), as well as indicating the right of withdrawal, for the products for which this right can be exercised.
The Customer is advised to print and/or keep a copy of this order confirmation for his records.
4.1. The Customer's order is dispatched once the price of the order has been received in full, including transport costs.
4.2. The lead time indicated just before the order is finalised, and on the order summary, runs from the day after the order is confirmed by the Customer.
4.3. Delivery costs depend on the delivery method chosen by the Customer when placing the order. These are indicated to the Customer when the order is placed and are also explained here.
4.4. The products ordered by the Customer can be delivered using several delivery methods. Restrictions may be in place depending on the type of products ordered or the delivery zone. The Customer may view these directly on the Website here.
Lead times are expressed in working days, which are understood to mean Monday to Saturday, excluding public holidays.
If the delivery date indicated at the time of ordering and in the order confirmation is exceeded, and this is not due to a force majeure event, the Customer may cancel his order, either by way of a letter sent to FAUCHON's Distance Selling Department at 30, Place de la Madeleine, 75008 Paris by registered post with acknowledgement of receipt, or in writing using any other lasting medium (email, fax) if, after having ordered FAUCHON, under the same conditions (registered post or in writing using any other lasting medium), to effect the delivery within reasonable additional time, FAUCHON has not done so within this time. The order will be cancelled and as a result the contract will be considered to have been terminated on the date the letter or correspondence in writing is received by FAUCHON informing it of the Customer's intention to exercise his right to cancel, unless FAUCHON performs in the meantime. FAUCHON then undertakes to reimburse the Customer, by bank transfer or by cheque, for any sums it has paid within fourteen (14) days of receipt of the termination letter. Furthermore, the Customer can immediately cancel his order if FAUCHON fails in its obligation to deliver the product(s) on the date or after the period of time indicated and if this date or lead time constitutes for the Customer an essential condition of the contract, with said essential condition resulting from the circumstances surrounding signature of the contract or an express request from the Customer prior to signature of the contract.
4.5 Delivery outside Paris: Macarons, pastries and other fresh products are delivered to the recipient of the order indicated by the Customer, from Tuesday to Saturday, only in mainland France and in Monaco and in Corsica, by Chrono 13 (no delivery to a Relais Chronopost point) in special packaging intended to ensure their optimum preservation. Macarons can only be consumed up until the Use-By Date indicated on the label on the box containing them (the Use-By Date is five calendar days from the date of departure of the package indicated on the shipping label). In particular, FAUCHON draws the attention of its Customers to the need to:
- i) choose a delivery date enabling handover to the recipient of the package on this date. IMPORTANT: if the package is picked up by the recipient more than seventy-two (72) hours after the dispatch date from the FAUCHON logistics centre – the date on the shipping label – FAUCHON can no longer guarantee the freshness of the macarons (e.g. package dispatched on the 10th and picked up by the recipient on the 14th or later);
- ii) place the macarons in the fridge as soon as the package is received;
iii) not freeze them (as the manufacturing process already involves quick freezing in order to obtain a fondant and crisp texture).
Orders for which the Customer chooses in-store collection (Click & Collect)
When placing the order, the Customer can choose to collect his products directly from the FAUCHON store at 30, Place de la Madeleine, 75008 Paris, during the store's opening hours, namely Monday to Saturday (excluding public holidays and exceptional store closures indicated, where appropriate, on the Website), from 9 am to 8 pm. The Customer will indicate the dates and time slots for collection of his purchases. However, it is stated that preparation of the Customer's order takes at least three (3) hours from payment and order confirmation to collection in store.
For same-day collection, the Customer is notified that orders must be placed before 12 pm. Any orders made after 12 pm will only be available in store on the next working day, during the store's opening hours.
A period of twenty-four (24) hours or forty-eight (48) working hours (excluding public holidays, Sundays and exceptional closures) may be required to prepare the Customer's order, depending on the products ordered (delicatessen and pastry in particular). In this case, the dates and times for collection should be selected after this preparation period, of which the Customer will be informed prior to confirming his order. For example, if an order is placed on Thursday at 3 pm and needs twenty-four (24) hours for preparation, it can only be collected from 3 pm on Friday. If an order is placed on Saturday at 11 am and takes twenty-four (24) hours to prepare, the order will only be available from 11 am on Monday of the following week. These scenarios are given as examples only. The Customer must familiarise himself with the preparation time indicated before he finalises his order and ensure that this is convenient.
The Customer cannot amend his order after confirming and paying. He may cancel it as long as this cancellation is done at least forty-eight (48) hours before the collection dates and times indicated.
The Customer should bring the email confirmation and his identification with him when he comes to collect his order. The Customer can arrange for a third party to collect his order, but this person must present the Customer's order confirmation, a copy of the Customer's identification and his own identification.
The Customer undertakes to check the conformity of his order and the condition of the products when he collects, and, if somebody other than the Customer is the recipient of the Products, the Customer shall ensure that the recipient in question checks the conformity and the condition of the products when collecting them from the store. Collection of an order means that the Customer considers it to be complete and not damaged.
If the Customer does not come to the store on the date and at the time indicated, FAUCHON will keep the Customer's order until the store closes on that day.
After this time, the Customer will be considered as no longer collecting the order as the products are perishable.
If the order is cancelled late, i.e. less than forty-eight (48) hours before the order collection date and time indicated by the Customer, or if orders are not collected on the date and at the time indicated, FAUCHON will have an obligation to refund only those products that can be cancelled, as described in Article 5 of the T&Cs. This refund will be made to the bank card or PayPal account used to place the order, within a period of fourteen (14) days from the day the order was cancelled or the collection date originally scheduled by the Customer, where appropriate after deducting gift or personalised packaging that cannot be reused for hygiene and health protection reasons.
The Customer can contact the FAUCHON department responsible for "CLICK & COLLECT" by telephone on +33 (0)1 70 39 38 02 or by sending a message on the contact form.
This service is only available for orders delivered in Paris and in Ile-de-France departments 92, 93 and 94, six (6) days a week, Monday to Saturday (excluding Sundays, public holidays and exceptional closures). Please contact us regarding possible driver deliveries to departments 77, 78, 91 and 95.
When placing an order, if it is available for the address entered, the Customer can select driver delivery. However, certain products, especially fragile ones, can only be delivered by driver, information which is provided on the product page. The Customer will indicate the requested delivery date and time slot. The lead time is given as an indication only and depends, in particular, on the delivery address and events outside of FAUCHON's control (traffic, weather, etc.).
The Customer is notified that he must place his order by 12 noon at least one working day before the anticipated delivery. Any orders placed after 12 noon will only be delivered from 9 am two working days later.
The Customer must ensure the conformity of his order and the condition of the products at the time of delivery, and, if somebody other than the Customer is the recipient of the Products, the Customer shall ensure that the recipient in question checks the conformity and the condition of the products when they are delivered.
The Customer undertakes to be present or to ensure that the recipient of the order is present at the delivery address indicated at the time of order, on the dates and at the times indicated by the Customer. If nobody is present, the delivery driver will call the number provided by the Customer when he registered on the Website.
If he does not manage to contact him or the Customer is unavailable, the Customer's order is kept by the driver and returned to FAUCHON. The Customer can then set a new delivery date within seven (7) calendar days of the original delivery date by contacting customer service via the contact form or by telephone on +33 (0)1 70 39 38 00. The Customer should pay the charges for redelivery. However, products that are perishable cannot be refunded and the delivery cannot be postponed. In this case, the Customer should place a new order for the products.
If the Customer does not request a new delivery date within the time allowed above, the order will be considered to have been cancelled. FAUCHON will refund the products that can be cancelled, as well as the delivery charge. This refund will be made to the bank card or PayPal account used to place the order, within a period of fourteen (14) days from cancellation of the order or the delivery date, where appropriate after deducting gift or personalised packaging that cannot be reused for hygiene and health protection reasons.
Delivery in two (2) working days from Monday to Saturday in Metropolitan France from 8 am to 7 pm on weekdays and from 8 am to 12 am on Saturdays.
The Customer undertakes to check the conformity of the order at the time of receipt, as well as the condition of the products and in the event that a person other than the Customer is the recipient of the Products, the Customer must ensure that the recipient concerned checks the conformity and condition of the products on delivery. In the event of a problem with the conformity of the Products, the Customer must contact Customer Services within 3 days of receiving the package.
The order cannot be cancelled once the package has been dispatched. The Customer will be informed of the date of dispatch of the order by e-mail / by logging on using the Colissimo reference available in his secure FAUCHON space.
In the event of failed delivery, the parcel may, at Colissimo's discretion, be dropped off at a relay point, and the Customer or the recipient will be informed by Colissimo.
You can also take advantage of our delivery service with Hipli, a reusable parcel that can be returned to any Post Office letterbox. 2€ is the price of this eco-responsible gesture, FAUCHON Paris pays 1€. Our Hipli delivery service is available on a selection of products, if your basket is eligible, Hipli will be displayed in the delivery method section. Click here to find out more.
If "Click & Collect" and driver delivery are not selected, the delivery will be made by Chronopost to the delivery address indicated by the Customer.
The average order delivery times are: for delivery in mainland France, day of order + two (2) days. FAUCHON may not be held liable in the event of delivery delays outside its control. To find out about Chronopost's delivery times, please click on the link below: here
The countries and territories where FAUCHON delivers its products are indicated on the Website and are accessible at the address here.
The Customer undertakes to check the conformity of his order and the condition of the products at the time of receipt, and, if somebody other than the Customer is the recipient of the Products, the Customer shall ensure that the recipient in question checks the conformity and the condition of the products when they are delivered. In the event of nonconformity, the Customer should contact Customer Services within 3 days of receipt of the package.
In the event of failed delivery, the package can be kept at the depot and the Customer or the recipient will be notified by Chronopost.
The order cannot be cancelled once the package has been dispatched. The Customer will be notified of the order dispatch date by email/by logging using the Chronopost reference available in his FAUCHON online account.
In the event of cancellation before the order is dispatched, the Customer will be reimbursed for all of the products. This refund will be made to the bank card or the PayPal account used to place the order, within a period of fourteen (14) days from the day the order was cancelled.
Some fresh products can be delivered via "Chronofresh", Chronopost's Food service. For a list of fresh products eligible for delivery, please refer to the information on the product page.
The average order delivery times are, where applicable: for delivery in mainland France, day of order + two (2) days. FAUCHON may not be held liable in the event of delivery delays outside its control. To find out about Chronopost Food delivery times, please click on the link below: here
Given the freshness of the products delivered by Chronofresh, in the event of failed delivery as a result of an incorrect or incomplete address or cancellation of the order, no refund will be given.
The Customer can place an order to be delivered to any country on the list [here].
The average order delivery times are as follows: day of the order + two (2) days of preparation, plus Chronopost International delivery times.
In any case, it is stated that lead times may vary from several days to several weeks, depending on customs clearance. The Customer expressly declares and acknowledges that he is fully aware of this.
Any costs and fees linked to taxes and customs for international transport are to be borne by the Customer.
4.6. As soon as the products are delivered to the Customer, or for an order collected in store, as soon as the products have been collected, the risks associated with the products are transferred, and the Customer or the recipient then becomes responsible for any damage that the products may suffer or cause.
Regardless of the delivery method, the Customer undertakes to check the conformity of his order and the condition of the products, and, if somebody other than the Customer is the recipient of the Products, the Customer shall ensure that the recipient in question checks the conformity and the condition of the products when they are delivered. Where appropriate, the Customer will document for the responsible transport company the nature and the severity of the damage relating to the products, mentioning them on the delivery slip.
In the event of visible defects with the delivered products (breakage, fault, etc.), the Customer has three (3) working days to submit a claim in writing (email or post), accompanied by one or more photographs of the product. The Customer does not need to return the product in question. After this time, the products delivered will be deemed to be free from visible defects. FAUCHON will refund or replace, through redelivery to the Customer, the products affected by a visible defect.
4.7. Any events that fit the definition of a force majeure event as defined by case law and legal provisions that would prevent or make fulfilment of supply excessive, constitute, by express agreement, a cause for suspension or discharge of FAUCHON's obligations. As the event in question is out of FAUCHON's control, the Customer will not be compensated. FAUCHON will notify the Customer by any means of the existence of a force majeure event, giving him the option to cancel his order and obtain a refund.
V. Right of withdrawal
5.1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days to withdraw from receipt of any products ordered on the Website. The Customer does not need to give a specific reason or pay any penalties.
After this period of fourteen (14) days, no requests for withdrawal will be accepted. The right of withdrawal can be exercised by sending FAUCHON a clearly worded letter to 30, Place de la Madeleine, 75008 Paris or using the form available here. An acknowledgement of receipt for this form will then be sent by FAUCHON.
5.2. It is reiterated that all of the products can be returned, with the exception of the products designated by Article L. 221-28 of the French Consumer Code, which are not subject to a right of withdrawal. These are, in particular, (i) products that are likely to deteriorate or perish quickly (fresh products, macarons, chocolates, personalized infusion, etc.), (ii) goods made to the Customer's specifications or clearly personalised (delicatessen or pastry orders), (iii) goods that have been opened by the Customer after delivery and that cannot be returned for hygiene or health protection reasons, (iv) alcoholic beverages of which the delivery is delayed more than thirty (30) days and of which the value agreed upon signature of the contract is dependent on market fluctuations beyond FAUCHON's control.
5.3. For products for which an order can be withdrawn, the Customer should return them to FAUCHON, Distance Selling Department, 30, Place de la Madeleine, 75008 Paris, within fourteen (14) days from the date the right of withdrawal is exercised. The costs for returning the products are to be borne by the Customer, it being stated that the cost of return varies depending on the type of product, the carrier used, the weight, and the size or volume of the products. Products should be returned in their original, unopened packaging, ready to be sold again.
In the event of the right of withdrawal being exercised, the price of the product(s) returned will be refunded, together with the delivery charge for the original order, but not the cost of the return.
5.4. FAUCHON will reimburse the Customer using the same payment method used to place the order, within a period of fourteen (14) days from the date on which proof of dispatch of the product is sent before said deadline, or from receipt of the product by FAUCHON.
V.I Product warranty
All products sold through the Website come with a legal guarantee of conformity and a legal guarantee against hidden defects, enabling the faulty products to be returned to FAUCHON.
Legal guarantee of conformity (Articles L.217-4 et seq. of the French Consumer Code.
Article L.217-4 Consumer Code
"The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility."
Article L.217-5 Consumer Code
"To conform to the contract, the product must:
- Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to."
Article L.217-7 Consumer Code
"In the absence of proof to the contrary, any lack of conformity appearing within twenty-four months of delivery of the product is presumed to have existed at the time of delivery.
For second-hand goods, this period is fixed at six months.
The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked."
Article L.217-8 Consumer Code
"The buyer is entitled to demand that the product conform to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself."
Article L.217-9 Consumer Code
"In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.
The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible."
Article L.217-10 Consumer Code
"If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
He has the same option:
- If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer making his claim;
- Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor."
Article L.217-11 Consumer Code
"The provisions of Articles L.217-9 and L.217-10 shall be applied at no cost to the buyer.
Those same provisions shall not impede the awarding of damages."
Article L.217-12 Consumer Code
"Action resulting from lack of conformity lapses two years after delivery of the product."
Legal guarantee of hidden defects (Articles 1641 et seq. of the French Civil Code
Article 1641 Civil Code
"The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects."
Article 1644 Civil Code
"Under Articles 1641 and 1643, the buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him."
Article 1645 Civil Code
"If the seller was aware of the vices in the thing, he is bound not only to return the price he received but also all damages the buyer has suffered."
Article 1646 Civil Code
"If the seller did not know of the vices in the thing, he is bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale."
Article 1648-1 Civil Code
"An action resulting from redhibitory defects must be brought by the buyer within two (2) years from the discovery of the vice."
1/ Concerning a legal guarantee of conformity, the consumer:
- has a period of two (2) years from delivery of the goods to act;
- can choose between repair or replacement of the goods, subject to the cost conditions laid down in Article L.217-9 of the French Consumer Code;
is exempt from proving the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. For second-hand goods, this legal guarantee can be implemented within this 24-month period, under the following conditions: if this lack of conformity is identified within 6 months of delivery, the consumer is exempt from proving said defect. After this time, he should prove that this defect existed before the sale.
The legal guarantee of conformity applies independently of any commercial warranty given.
2/ The consumer can decide to implement the guarantee against hidden defects in the thing sold as defined in Article 1641 of the French Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the French Civil Code, and must act within two (2) years from discovery of the defect.
VII. Use of the Platform – Customer Obligations
6.1. When registering on the Website, the Customer undertakes to provide true, accurate, up-to-date and complete information on his identity and the contact details he is providing. The use of aliases is strictly forbidden. The Customer undertakes, in the event of a change, to immediately update the data he communicated at the time of registration. Customers are reminded that Article 226-4-1 of the French Penal Code punishes, by one year's imprisonment and a fine of €15,000, the impersonation of a third party or use of data of any kind identifying him with a view to disrupting his tranquillity or that of others, or to offend his honour or his consideration. If the Customer learns of one or more situations that constitute impersonation, he must immediately notify FAUCHON using the following address: [email protected].
A Customer may only create one account on the Website, which is limited to his personal use.
6.2. The Customer is alone responsible for use of his account and for protection of his user name and password. Any impersonation, loss, misappropriation or unauthorised use of a Customer's user names and/or account, and the consequences thereof, are the sole responsibility of this Customer. In all of the cases mentioned above, the Customer is required to immediately notify FAUCHON, by email, giving his full name, postcode, town, date of birth, telephone number, the email address used for his account and, if possible, his old password, at the address [email protected], to enable FAUCHON to take measures to remedy the situation, and in particular to immediately cancel and/or update the user name in question and/or the password in question. Abuse of this reporting facility is likely to give rise to the liability of the person abusing it.
Similarly, the Customer guarantees that he is the sole user of his mobile device. The Customer is alone responsible for the equipment with which he accesses the Website (purchase, maintenance, etc.), in his charge, including his email address, his user name and password, etc. He must not leave his mobile telephone or any other mobile device unsupervised.
The Customer undertakes to take all of the measures necessary and useful for protecting and securing his equipment, user name and password, in particular by never communicating his user name and password to third parties or leaving them accessible.
The Customer is fully aware of the risks associated with the loss or theft of his user name and password, pirating of his equipment or any other fraudulent act enabling unauthorised use of his account.
6.3. If it learns of any clearly illegal act by a Customer within the context of his activity on the Website or in connection with this activity and/or in the event of a breach of the provisions of these T&Cs and/or any legal or regulatory obligations, FAUCHON may, immediately, without notice and without compensation, delete or suspend the Customer's account. FAUCHON reserves the right to bring before the competent judicial authorities any use of the Website that does not comply with these T&Cs.
6.4. Customers recognise that their access to the Website may depend on certain technical requirements. In particular, Customers must therefore have a broadband internet connection and an up-to-date browser. Otherwise, FAUCHON cannot be held responsible for any difficulties encountered when using the Website.
VIII. Privacy and personal data protection
7.1. Customers must create an account on the Website and provide certain personal data in order to place an order, including their title, full name, email address, etc.
7.2. The personal data of Customers is processed automatically by FAUCHON, who is alone responsible for processing, for the purposes of managing commercial relations with the Customer.
When registering on the Website and after the first purchase has been made, the Customer agrees to receive sales messages for products and services similar to those already provided by FAUCHON.
This processing has been declared to the French Data Protection Authority (CNIL) under number : 1785371 v 0.
Pursuant to amended Data Protection Law No. 78-17 of 6 January 1978, each Customer has the right to access, amend, correct and delete his personal data. He can therefore request that any data concerning him that is inaccurate, incomplete, vague or out of date be corrected, completed, clarified, updated or deleted. The Customer can also, for legitimate reasons, object to processing of data concerning him.
Each Customer can exercise these rights at any time by sending a message on our contact form or by writing to FAUCHON at the following postal address: FAUCHON, Distance Selling Department, 30 Place de la Madeleine, 75008 Paris.
It is understood that the personal data of Customers is kept under conditions that satisfy the security and confidentiality requirements laid down by the aforementioned Data Protection Law.
7.3. When a Customer account is closed, for whatever reason, the data relating to this account, and in particular traffic data, is deleted or made anonymous and can only be used for statistical purposes. However, it may be deferred for up to one (1) year to operations intended to delete or make anonymous certain categories of data with a view to ensuring the security of FAUCHON installations and for the purposes of research, observation and prosecution of criminal offences, and with the sole aim of enabling, where appropriate, provision of the data to the judicial authority.
The Customer may object to them being installed and/or delete them by following the procedure for his browser.
Cookies cannot run programs or introduce viruses onto the computer or mobile telephone. Cookies are assigned uniquely and can only be read by the web server of the domain that issued the cookie.
The Customer is informed that refusing cookies may result in some Website functionality not being accessible.
IX. Intellectual property
8.1. Without this list being exhaustive, the "FAUCHON" trademarks and its by-products, logos, style guide, layout, information, the presentation and content of the Website, as well as the company names, trade names, brands and domain names constitute elements that can be protected as defined by the French Intellectual Property Code, whether through copyright, trademarks or any other private right. FAUCHON is the owner and/or operator of them.
The systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, trademarks, database, etc.) operated by FAUCHON on the Website are also protected by all of the intellectual property rights or database producer rights in force. Any reuse, copying and more generally any reproduction, representation, circulation and use of any of these elements, in whole or in part, without permission from FAUCHON are strictly prohibited and may be subject to legal action.
Any reproduction or representation, in whole or in part, of the Website or its constituent elements, such as the trademarks, logos, style guide, layout, information, the presentation and content of the Website, without this list being exhaustive, is prohibited.
8.2. Registration on the Website does not imply any transfer of intellectual property rights to the Customer, who is alone responsible in the event of ignorance of the aforementioned provisions.
8.3. The Website may contain links to third-party websites, managed by third parties, over which FAUCHON has no control.
As a result, FAUCHON does not accept any responsibility regarding the content of these third-party websites, how they are used or the content to which these third-party websites may be linked, for which the third party in question is solely responsible.
X. Account deletion
The Customer may suspend or close his account at any time, for any reason whatsoever, by emailing a request to FAUCHON at the address [email protected]. This deletion will take effect after expiry of the cancellation and withdrawal periods for the last order placed by the Customer.
If a Customer deletes his account, he can no longer place orders via the Website without creating a new account.
XI. Non-waiver – Entire agreement clause – Proof of transactions
10.1. The fact that FAUCHON does not invoke a provision of the T&Cs or a failure or breach by the Customer of any of his contractual or legal obligations may not be interpreted as a waiver of this provision, this failure or this breach.
10.2. If a provision of the T&Cs is declared null and void, this provision will be considered not to have been written. All of the other provisions of the T&Cs shall continue to apply.
10.3. Unless proven otherwise, the data recorded by FAUCHON constitutes proof of all of the transactions.
XII. Customer Services
The Customer may contact FAUCHON by telephone on +33 (0)1 70 39 38 00, Monday to Friday 9 am to 6 pm, or by post addressed to FAUCHON, WEB Department, 30 Place de la Madeleine, 75008 Paris, or via the contact form.
XIII. Applicable law & Mediation – Disputes
These T&Cs are governed by French law.
In the event of a dispute relating to an order, the Customer should first contact FAUCHON to find an amicable solution,via the contact form.
Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has put in place an Online Dispute Resolution (ODR) platform, facilitating the independent extrajudicial settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed using the link: https://webgate.ec.europa.eu/odr/.
If no amicable settlement is reached, and regardless of the origin of the conflict, whether it relates to the formation, fulfilment, interpretation, validity, termination or resolution of these T&Cs, including for protective measures, emergency proceedings, summary proceedings, third-party claims, claims or multiple defendants, this will fall within the competence of the competent French jurisdictions, in accordance with the rules of common law, it being stated that the deadlines for taking legal action are not interrupted while an amicable solution is sought or mediation requested by the Customer.