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TERMS AND CONDITIONS OF SALE

FOREWORD

The present terms and conditions of sale, to the exclusion of other conditions, cover all of the items proposed on the http://fabricantdedouceurs.laduree.com/ch_en website (the “Website”) and shall apply to all sales of products that you (the “Client” or “You”) may order through the Website from LADUREE SUISSE SA, a company registered under number CH-112.738.136, whose registered office is at Rue de Saint Jean 73, 1201 Geneva (“LADUREE”). The LADUREE online sales service is reserved exclusively (i) for individuals purchasing products for their individual non-professional use and (ii) for corporate bodies purchasing products for purposes other than their professional activities (not for resale), having consented to create an account on the Website and having a shipping address located in the Switzerland. Any purchase made in breach of the aforementioned conditions will incur the liability of the violator. LADUREE reserves the right not to fulfill any order that may seem abnormal or that calls into questions the principle of purchase for personal use.

ACCEPTANCE OF TERMS AND CONDITIONS OF SALE

By submitting an order through our Website you signify your full and entire acceptance of the present LADUREE terms and conditions of sale. The present terms and conditions of sale may change at any time and any change will be applicable to any order submitting through the Website subject to its previous publication.

PRODUCTS

Products information

LADUREE has taken great care in presenting the products on the Website as accurately as possible. Each items 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 products. LADUREE may in no case be deemed liable for inaccuracies that may occur in photographs.

Product quality

LADUREE guarantees the quality and freshness of food products which have been kept in a cool place and away from light. LADUREE ensures the integrity of the products when they are dispatched thanks to a type of packaging which preserves the foodstuffs from any damage during transit. Because the products should only be consumed until the “best before date” (BBD) which appears inside the packaging, LADUREE draws its customers' particular attention to the necessity of setting a delivery date which guarantee the freshness of the products and the necessity of complying with optimal conditions for conservation of the products.

Allergy Warning

Food products sold on the Website may contain traces of nuts and wheat. For full nutritional information on the products within our product range please contact our customer service at the following address: contact@laduree.com.

Product availability

LADUREE may change the range of product at any time. Some offers may have restricted period of validity which will be indicated for each product or product range. LADUREE will honor orders only within the limits of available stocks. In rare cases, a product that is shown as available on the Website may become unavailable after definite registration of the order. In case on unavailability of the product, LADUREE will inform the Client by email that its order is cancelled and the refund will be made within 30 days at the latest, except where the Client expressly wishes to switch the order to a substitute product advised by LADUREE.

ORDER PROCESS

Creation of an account

To place an order, you shall open an account on the Website which will require you to provide some compulsory personal information. Please refer to our Privacy Policy at the following address www.laduree.com/fr_ch/personal-data for more details about how we may use your personal data. You confirm that all information and details provided by you to LADUREE are true, accurate and up to date in all respects and at all times. You can update and correct your details at any time by going to your account. Any information given by you remains your sole liability and any anomalies generated by you may not be borne by LADUREE in the event that it becomes impossible to carry out the order and achieve a successful outcome.
You choose username and password to access to your account. It is your responsibility to maintain the confidentiality of your username and password. LADUREE will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your username and password. If you have forgotten your username or password, there is a function on the Website that enables you to have your password sent to your mailbox.

Orders

To place an order on the Website, you have to choose one or more products and place it/them in the basket. After validation of its content, you shall provide information regarding invoicing and delivery address and validate the delivery method offered in the Website. Before payment, you shall accept the present terms and conditions of sale, confirm the order and validate the payment. You are able to see at the different stages of the order details and prices and may correct any errors before confirming your order, thereby expressing your acceptance. Payment for the price of the products makes the order definite and no amendment of the order may be taken into consideration by LADUREE.
Acceptance of the order is only effective after its confirmation by LADUREE by sending to the email address provided by you an email listing the products ordered, the shipping address and the means of payment chosen and indicating an order number. LADUREE reserves the right to cancel or refuse any order for reasons of stock insufficiency, of incomplete information, for any other lawful reason or for any previous dispute concerning payment of a previous order or who, in the LADUREE opinion, presents any form of risk.
The automatic registration systems of the Website are deemed to provide a record of the nature, content and date (i) of your order, (ii) confirmation of the reception of your order by LADUREE and (iii) of all emails exchanged between LADUREE and yourself. Data relative to any transaction on the basis of the username will be stored and archived by LADUREE and will serve as proof in the event of litigation.

PRICE AND TERMS OF PAYMENT

Price

Prices are expressed in national currency as set out on the Website. They are inclusive VAT and any change in the rate of VAT will be reflected immediately on the prices. Any change prices may change and offers may be withdrawn at any time. The products will be invoiced based on the total prices at the time the order is confirmed by the client. Prices do not include shipping costs which are added and clearly mentioned before validating the order.

Payment (secure transactions)

All online purchases are subject to immediate payment exclusively by credit/debit cards. The following credit/debit cards are accepted: Cartes bleues, Visa, Vpay, Electron, MasterCard, Maestro and American Express. You will be directed towards a secure website for payment that guarantees the confidentiality of your card details through protective encryption procedures. Please pay attention to detail when providing credit/debit card and shipping information. Make sure to inform LADUREE as the type of card and to give us your account number, security code and the expiration code, as well as your name exactly as it appears on your card. You undertake to only use your own credit/debit card. In the event of fraudulent use, LADUREE cannot be held liable. In the absence of payment by the bank, or a refusal by the bank, the order shall be automatically cancelled and the client informed by email.

DELIVERY

General information

Orders will be shipped only after receipt of a payment in full 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 a cause for suspension or termination of LADUREE's obligations, without compensation to the client, if the event extends beyond a period of fifteen (15) days. LADUREE 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 email.
Delivery deadlines are indicated to the Client at the time the order is taken depending to the delivery method choose. The client has the option of selecting a delivery date when completing the order. Delivery dates are available up to two (2) weeks after the order date. Delivery deadlines are indicated for information purposes only and LADUREE shall do everything possible to meet these deadlines. However, LADUREE cannot be held responsible for any delivery delays due to transport services.

Delivery method

The client may choose from the following delivery methods: pick up from the stores listed below (free of charge) and home delivery. Public holiday are those of the Canton of Geneva.

Pick up from the store

In the event that the client chooses to pick up products from the store, no shipping costs are charged. Dispatching the order or picking up products from the store is carried out subject to payment in full of the order and confirmation of same.
At the earliest, the delivery deadlines are the following:

  • Any order placed on the Website before 3.00 pm from Monday to Sunday (except on public holidays) will be prepared and be available the next day in the store.
  • Any order placed on the Website after 3.00 pm from Monday to Friday (except on public holidays) will be prepared and be available within two days.
  • Any order placed on the Website between Saturday 1.00 pm from Sunday Midnight will be prepared on next Monday and available the next day in the store (except on public holidays).

In the event of public holidays, products availability is postponed as follows:

  • If the order is placed before 3.00 pm the day before a public holiday, it will be available on the morning of the day following the public holiday.
  • If the order is placed after 3.00 pm the day before a public holiday, it will be available on the second day following the public holiday.
  • If the order is placed on a public holiday, it will be available on the morning of the second day following the public holiday.

Products which are ordered and available may be picked up from the store “Ladurée” which address and opening hours are available on the Website.

Home delivery

At the earliest, the delivery times are the following:

  • Any order placed on the Website before midnight from Monday to Thursday (except on public holidays) will be prepared and delivered the next day.
  • Orders placed on Friday, Saturday and Sunday will be processed the following Monday (except on public holidays). They will be delivered on Tuesday before 6.00 pm (except on public holidays).

In the event of public holidays, delivery of products is postponed as follows:

  • If the order is placed the day before a public holiday or on a public holiday, the order will be processed on the next business day and delivered two business days later before 6.00 pm.

Home deliveries are made throughout Switzerland and are made by the carrier La Poste Suisse from Monday to Saturday, except on public holidays.

The client is responsible for information regarding the name and address of the recipient. This information must be precise, accurate and complete (especially the door code and floor number) in order for delivery to be effected under normal conditions. LADUREE cannot be held responsible under any circumstances for a return delivery due to an error in the address or in the impossibility of delivering to the address indicated. Any change in the recipient's address shall lead to the client being re-invoiced. In the absence of a recipient, the carrier shall leave a transit advice note at the delivery address.
The Client shall check the contents of the package at the time of delivery and, if necessary, express its dissatisfaction in writing on the delivery note given to the carrier.

RIGHT OF WITHDRAWAL

Due to hygiene reasons, food products are not subject to the right of withdrawal. For any other products, completed orders can be cancelled without giving a reason within fourteen (14) days of the reception of the products. You shall inform LADUREE of such cancellation e.g. using the withdrawal model attached as an Appendix herein and sending to the customer's service. Reimbursement will be made by LADUREE within fourteen (14) days from the above communication.

RECLAMATION

LADUREE prides itself on its high level of products. If you have a criticism or a complaint, please contact our customer service: contact@laduree.com
All claims must be made within three (3) days of product delivery and must be motivated and accompanied by an explanation of the problem, as well as the damages occasioned thereby. After an analysis of the situation, LADUREE at its own discretion will determine the appropriate arrangement, including a refund or a reshipment of product.
LADUREE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OF CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMIT, LOSS OF PROFITS, REVENUE OR OTHER BENEFITS ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT, OR FOR CLAIMS AGAINST YOU BY ANY THIRD PARTY.

RETURNS

For hygiene and food safety reasons, perishable foodstuffs will be neither returned nor exchanged. LADUREE shall not accept any return of the product from the Client except in the case of prior agreement by our customer service. In the event of agreement for return of the product, it shall be returned in its original state and packaging, with proof of purchase. Any damage to the returned product that is noted and which is due to a problem regarding non-compliant packaging may entail partial or non-reimbursement of the product.
If the conspicuous defect or non-compliance of the article is proved, LADUREE will allow the free replacement of the product or the return of the amount paid by the consumer within 30 days after cancellation of the order. By accepting such, the consumer and any other party involved therewith (including the purchaser, where the consumer has received the LADUREE product as a gift), agrees to waive any additional claims it may have, including for interest and other payment.

INTELLECTUAL PROPERTY RIGHT

All content of the Website, including but not limited to texts, remarks, structures, illustrations and images are property of LADUREE and are protected under intellectual property laws. Any total or partial reproduction of the Website is strictly prohibited without prior agreement. Besides an infringement of our brands and the integrity of our products, such acts may result in the civil and criminal prosecutions.

APPLICABLE LAW AND DISPUTES

The present terms and conditions of sale are subject to Swiss laws.
In the event of a dispute, an amicable solution will be sought prior to any legal action. In this respect, we would ask our clients to contact our customer service by post at the following address: contact@laduree.com
Failing an amiable solution, any legal action shall be brought before the competent courts.

APPENDIX 1 - MODEL WITHDRAWAL FORM FOR NONFOOD PRODUCTS ONLY

(complete and return this form only if you wish to withdraw from the contract)
To LADUREE Suisse, contact@laduree.com :

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.

 
secure payment
Your personal information and means of payment are secured by an encryption method (SSL). Your payment information is not stored and is transmitted securely to our payment partner, Aduno.
delivery within 24hrs
By choosing home delivery, we guarantee you will receive your order within 24 working hours. Our partner La Poste will contact you to ensure receipt of your order.
store pick-up
You can choose to pick up your order in our store the day after your place your order on our website (placed before 3:00 pm). We are locatedin Lausanne, Zurick and Geneva (Cours de Rive and Rue du Stand).
customer service
Do you have a question concerning your order ? You can contact us at any time by email (contact@laduree.com) or by clicking bellow on "Contact us".
 

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