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GENERAL TERMS AND CONDITIONS OF SALE "FABRICANT DE DOUCEURS"

APPLICATION AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale ("T&Cs") shall apply without restriction or reservation to all distance sales concluded by Pâtisserie E. Ladurée, a simplified joint-stock company (SAS), registered with Lille Métropole Trade and Companies Registry under number 572 045 540, whose registered office is located at 344 Avenue de la Marne in Marcq-en-Barœul (59700) (the "Seller" or "Ladurée") with any purchaser, who is a non-trading individual aged 18 and over (the "Customer" or "You") on the website https://fabricantdedouceurs.laduree.com/en_fr/(the "Website"). They stipulate inter alia the terms and conditions of the order, payment, delivery and management of any refunds of products ordered by the Customer on the Website.

"Customer" shall exclusively mean any individual aged 18 and over acting in the capacity as a consumer within the meaning of the Consumer Code, i.e., for purposes which do not fall within the scope of his commercial, industrial, skilled trade or self-employed activities, who accepts to fill in the compulsory fields for the purpose of registering his order and has a delivery address located in one of the areas serviced by the Seller. These T&Cs shall consequently not apply to legal entities or individuals who place an order for the purpose of their professional activities. It is expressly prohibited to purchase products on the Website to resell them to any person whomsoever.

The T&Cs can be consulted at all times on the Website or on request sent to the e-mail address: contact@laduree.com. The T&Cs may be amended from time to time and the version applicable to the Customer's purchase shall be the version available on the Website on the date on which the order is placed. They shall prevail over any other version or any other contradictory document.

Any order confirmation by the Customer shall imply full and entire acceptance of these T&Cs and the special terms and conditions of his order (products, quantities, price, delivery method and times, etc.). The Customer represents that he has read and accepted said T&Cs by ticking the box intended for this purpose before confirming the order.

Unless otherwise proven, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.



PRODUCTS

Product Information

Ladurée pays great care to the presentation of each product on the Website and states the product's name, quantity and price, the means of payment accepted by Ladurée, any delivery restrictions and information required by applicable laws. Ladurée states the "best before date" (BBD) on the product packaging or on a leaflet provided with the product.

Photographs of products are not contractual and are only provided for information purposes.

Product Quality

Ladurée pays great care to the quality of products sold on the Website. Products are kept in the best storage conditions and are prepared and packaged in accordance with strict quality rules.

Specific Conditions relating to Macaroons

    To enjoy Ladurée macaroons at their best, they can be stored for four (4) days in a cool place and away from light with effect from the preparation of the macaroon box whose date is shown on a leaflet provided with the macaroon box. Macaroons dispatched to the Customer's home address are delivered in special packaging to protect the food products from damage during transit. Ladurée particularly draws the Customer's attention to the need to:
  • • Choose a delivery date which enables the parcel to be actually delivered on this date. PLEASE NOTE: Ladurée no longer guarantees the freshness of macaroons collected by the recipient more than 72 hours after dispatch thereof from Ladurée's logistics centre.
  • • Place the macaroons in a refrigerator on receipt of the parcel.
  • • Do not freeze them.

Allergy Warning

Food products sold on the Website contain some allergens which are specified for each product under the heading "Details". For full nutritional information on the products, please contact our Customer Service Department at the following address: contact@laduree.com.

Product Availability

Ladurée reserves the right to change its offer and product range at any time. Ladurée undertakes to honour orders placed on the Website solely within the limits of available stock. In exceptional circumstances, a product that is shown as being available on the Website may become unavailable after the final registration of the order. In the event where a product is unavailable, Ladurée shall inform the Customer by e-mail that his order has been cancelled and the refund shall be made within thirty (30) days at the latest, except where the Client expressly wishes to transfer his order to a substitute product recommended by Ladurée.

Sale of Alcoholic Beverages

Alcoholic beverages may only be purchased by individuals aged 18 and over. Ladurée cannot accept liability with regard to any order placed by an under-aged child. All orders placed by individuals under age 18 or lacking legal capacity shall be treated as null and void.



ORDERS

Account Creation

To place an order, you must open an account on the Website, which will require you to provide personal data.For additional information on the use of your personal data, please refer to our confidentiality policy at the following address: www.laduree.com/en_fr/personal-data. You confirm that the information provided to Ladurée is true, accurate and up-to-date. You may update and correct your data at any time by connecting to your customer account. All information provided by the Customer shall remain his sole liability and any mistakes caused by the Customer cannot be attributed to Ladurée in the event where it becomes impossible to carry out the order or ensure a successful outcome.

You must choose a username and a password to access your account which you must not disclose to any person whomsoever. Ladurée cannot accept liability for any loss or damage which may arise as a result of your failure to protect your username and password. If you have forgotten your password, a function on the Website enables you to recover your password which will be sent to your e-mail address.

Order Registration

    The following process must be applied to register an order:
  • - Selection of the delivery method;
  • - Selection of the products by putting them in the basket;
  • - Confirmation of the content of the basket;
  • - Identification of the Customer by creating a customer account or connection to his customer account;
  • - Delivery information (delivery method, costs and delivery times);
  • - Invoicing information;
  • - Confirmation of the delivery details;
  • - Checking the order and acceptance of the T&Cs;
  • - Information and payment confirmation.

The Customer has the option to correct or amend his choices input at each stage of the order process and before the order confirmation. Information provided by the Customer when placing the order shall be binding on him: in the event where the Customer makes a mistake in his name and address details or the recipient's name and address details or the place of delivery, including his last name, first name, address, telephone number, e-mail address, door code, floor, etc., which results in the loss of products, the Customer shall be liable for payment of the lost products and no compensation or refund shall be owed.

As soon as the Customer confirms the order, the order shall be automatically registered. No amendment shall be taken into account by the Seller.

Order Confirmation

Ladurée shall confirm receipt of the order to the Customer by e-mail at the address provided by the Customer listing (i) the products ordered, (ii) the address, (iii) the delivery date and method, (iv) the means of payment and (v) the order number.

Any order placed by the Customer shall only be final after the Customer's receipt of the order confirmation and the bank's registration of the full price for the order, including the delivery costs. Any order placed on the Website shall constitute the creation of a distance sales contract entered into between the Customer and the Seller.

Ladurée reserves the right to cancel or refuse any order by a Customer with whom a dispute exists in relation to the payment of a previous order or who presents any form of risk in Ladurée's opinion.

Order Proof

The data recorded by the Seller via the Website's automatic recording systems or by its distance sales centre, and any e-mail exchanged between the Seller and the Customer shall serve as proof of the nature, content and date of the transaction in the event of a dispute between the parties and shall be stored by the Seller throughout the period of time required by the statute of limitations.



PRICE AND TERMS OF PAYMENT

Price

Products are supplied at the applicable rates displayed on the Website at the time of the Seller's order registration. Prices are displayed in euros, inclusive and exclusive of VAT at the applicable rate, and do not include delivery costs. Processing, dispatch, carriage and delivery costs are charged as a supplement in accordance with the terms and conditions stated on the Website and calculated when the order is placed. The Customer shall be asked to pay the price corresponding to the total amount of the purchase, including these costs.

The prices displayed on the Website may be amended at any time without notice based on the value of seasonal products and economic conditions.

An invoice shall be drawn up by the Seller and issued to the Customer at the time of delivery of the products ordered.

Payment (secure transactions)

The Customer acknowledges that an order shall automatically be subject to immediate payment when said order is placed exclusively via LCL bank's secure payment system.

The following banker's cards shall be accepted for online payments: Debit card (Carte Bleue), Visa, MasterCard and American Express. The Customer shall input his banker's card number, the expiry date and the security code (comprised of three (3) digits on the reverse side of the banker's card) and then confirm the data or the option to return to the previous page.

The payment request shall be directed in real time to LCL bank's secure payment system: the bank shall make sure that the banker's card is valid (no input error, cancellation of the banker's card) and confirm payment registration or inform the Customer that the transaction has been refused.

In the event of fraudulent use, Ladurée cannot accept liability. In the event of insufficient funds or the bank's refusal, the order shall be automatically cancelled and the Customer shall be notified by e-mail.



DELIVERY

Terms and Conditions

Products may only be dispatched after the bank has confirmed the transaction. Products ordered shall be delivered in mainland France and in the following countries: Germany, Austria, Bulgaria, Cyprus, Denmark, Spain, Estonia, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Slovakia. Delivery shall be carried out within the time limits indicated for each delivery method to the address provided by the Customer when he placed his order on the Website. Delivery shall entail the transfer of the physical possession of the product ordered to the Customer. Except in special cases or in the event where products are unavailable, the products ordered shall be delivered in one batch.

Delivery Times

Ladurée uses its best endeavours to deliver the products orders by the Customer within the delivery times indicated below for information purposes. The Seller cannot accept liability for any delivery delays attributable to the carrier.

If the products ordered are not delivered within thirty (30) working days after the order confirmation, due to any other reason than a force majeure event or the Customer's doing, the sale may cancelled at the Customer's request in accordance with the conditions laid down in Articles L. 138-2 and L. 138-3 of the French Consumer Code. The amounts paid by the Customer shall be refunded to him within fourteen (14) days at the latest following the contract cancellation, to the exclusion of any compensation or withholding.

Delivery Methods

    Depending on the products ordered, the Customer may choose from the following delivery methods:
  • - store collection on a pre-arranged date
  • - delivery by courier
  • - home delivery
  • - Click&Collect within one hour

Product Category Delivery Methods
Home Delivery Delivery by Courier Store Collection Click&Collect within one hour
Classic Macaroons Boxesxxx
Deliverable Macaroon Boxesx
Chocolatesxxx
Delicatessenxxx
Pastriesxx
Gift boxesxx
Gift vouchersxxx
Ladurée Secretsxxx

1/ Store collection on a pre-arranged date

The following products may be collected in store: classic macaroon boxes, chocolates, pastries, delicatessen, wedding cakes, gift boxes, gift vouchers and Ladurée secrets.

    The products can be collected from the Ladurée store located at 75 Champs-Élysées in Paris (75008) during the following collection times:
  • • From Monday to Friday from 9:30 to 23:00
  • • Saturday from 9:30 to 00:00
  • • Sunday from 9:30 to 22:00
  • • On the day before a public holiday, the store is open up until 00:30.

Store collection of products is free.

The availability times are provided for information purposes and the Seller shall use its best endeavours to comply with them:


Order date

Order time

Preparation
Order availability
(in working days: except on Sundays and public holidays)
From Monday to Saturday
and the day before a public holiday
Before 15:00 On the same day D+1
From Monday to Friday or
the day before a public holiday
After 15:00 Two days later or the next working day D+2
Saturday After 15:00 On Monday or the next working day D+3
On Sunday or
a public holiday
- On Monday or the next working day D+2

*macaroons, pastries, delicatessen, with the exception of specific orders.

    Specific orders include:
  • - Pyramid cakes, wedding cakes and log cakes: the delivery times shown above are one (1) day longer, with the exception of orders placed on a Saturday and Sunday before 15:00 which are two (2) days longer.
  • - Wedding cakes: the times shown above are two (2) days longer, with the exception of orders placed on a Saturday and Sunday before 15:00 which are three (3) days longer.

2/ Home Delivery

The following products are available for home delivery: deliverable macaroon boxes, chocolates, delicatessen, gift vouchers and Ladurée secrets.

    Home deliveries are carried out by:
  • - UPS from Monday to Friday, except on public holidays and
  • - Chronopost on Saturday, except on public holidays.

    Delivery costs:
  • - Mainland France: depending on the amount of your order.
  • - International deliveries: depending on the delivery date, weight and destination of your order.

The carrier shall be responsible for tracking the order. E-mail notification shall be sent to the Customer at the time of collection of the parcel from our warehouse and delivery.

The Customer chooses a delivery date when he finalises the order. Delivery dates are proposed up to three (3) months after the order date.

Delivery times are as follows:

Order date Preparation Dispatch Delivery
(Mainland France)
Delivery
(Corsica and international deliveries)
From Monday to Thursday
(except on public holidays)
D+1 D+1 24 hours to 48 hours after dispatch Information provided when the order is placed
Friday, Saturday and Sunday
(except on public holidays)
The following Monday
(except on public holidays)
The following Tuesday before 18:00
(except on public holidays)
The day before a public holiday and public holiday The next working day The second next working day

Delivery address:

The Customer shall be responsible for providing information regarding the recipient's name and address. This information must be precise, accurate and complete (in particular, door code and floor) to enable delivery in normal conditions. The Seller cannot accept liability for a returned delivery due to a mistake in the address or impossibility to deliver at the address provided. Any change of the recipient's address shall result in the Customer being charged the additional costs.

In the event where the recipient is absent, the carrier shall leave an advice note at the place of delivery. The Customer can contact the carrier UPS on 0821 233 877 to reschedule the delivery.

Product delivery receipt:

The Customer must check the content of the parcel and the condition of the products at the time of delivery and make sure that they comply with the order.

In the event of missing, lost or damaged products, the Customer must write precise reservations on the carrier's delivery note. Any problem relating to the products (damaged product, missing article in relation to the purchase order, non-conformity, damaged or open parcel, defective products) must be notified to the Customer Service Department within three (3) days at the latest following delivery receipt of the parcel.

3/ Delivery by Courier

The following products can be delivered by courier: all products available for online sale on the Website.

Delivery times by courier are as follows:

Order date* Order time Preparation Order availability
(in working days: except on Sundays and public holidays)
From Monday to Friday Before 15:00 On the same day D+1
From Monday to Thursday After 15:00 Two days later or the next working day D+2
Friday After 15:00 The following Monday (except on public holidays) D+3
Saturday Before 15:00 The following Monday (except on public holidays) D+2
After 15:00 The following Tuesday (except on public holidays) D+3
Sunday or public holiday - The second next day D+2
Day before a public holiday Before 15:00 The next day after the public holiday D+2
After 15:00 The second next day after the public holiday D+3

*macaroons, pastries, delicatessen, with the exception of specific orders.

    Specific orders include:
  • - Pyramid cakes, log cakes and wedding cakes: the times shown above are increased by one day, with the exception of orders placed on a Thursday and Friday before 15:00 which are two (2) days longer.
  • - Wedding cakes: the times shown above are increased by two (2) days, with the exception of orders placed on a Thursday and Friday before 15:00 which are three (3) days longer.

    The Customer chooses a two (2) hour delivery time slot from among the following six (6) delivery time slots:
  • - between 10:00 and 12:00
  • - between 12:00 and 14:00
  • - between 14:00 and 16:00
  • - between 16:00 and 18:00
  • - between 18:00 and 20:00

Each delivery time slot offers a limited number of possible orders. The case may arise where certain delivery time slots are marked unavailable when the Customer chooses the delivery time slot at the time of finalising the order in order to ensure compliance with the proposed delivery times and to avoid overloading the carrier.

Delivery time slots are proposed up to one (1) week after the order date.

4/ Click&Collect

The Click&Collect service is exclusively reserved for sales of macaroon boxes.

    When the Customer places an order, he may opt to collect his macaroon boxes from our stores listed below:
  • - 21 rue Bonaparte, 75006 Paris
  • - 75 avenue des Champs-Elysées, 75008 Paris
  • - 16 Rue Royale, 75008 Paris
  • - Printemps Haussmann, 75009 Paris
  • - Orly Airport - West Terminal, 94547 Orly
  • - Aéroport Roissy Charles de Gaulle Terminal 2F, 95700 Roissy CDG

This service is available seven (7) days a week (except on public holidays and closed days) during the store's opening hours. One (1) hour of preparation time is required for all orders placed during the relevant store's opening hours.

Products ordered shall be available in participating Ladurée stores within one (1) hour after the order confirmation and must be collected within 24 hours at the latest after the order confirmation. Products ordered and delivered using the Click&Collect service, which are not collected within 24 hours following the order shall be treated as lost.

To collect the order, the Customer must go to the cash desk in the selected store in possession of the personal collection code received by SMS and by e-mail, on an identity document if he does not have his code.

The Customer is required to check that his order is conform at the time of collection. After order collection, no claim relating to non-conformity shall be accepted.

For all questions relating to your Click&Collect order and collection, please contact us at contact@laduree.com.



TRANSFER OF OWNERSHIP AND RISKS

The transfer of ownership of the Seller's products to the Customer shall only take place after the bank has registered payment of the price, regardless of the delivery date of said products.

Regardless of the transfer date of ownership of the products, the transfer of the risks of loss and damage relating thereto shall only take place when the Customer physically takes possession of the products. Therefore, the Seller shall be liable for the risks of carriage.



CUSTOMER SERVICE

    The Seller shall use its best endeavours to fulfil the Customer's wishes. However, the Customer may send any claims and complaints to the Customer Service Department:
  • - by post: Ladurée – 75 avenue des Champs-Elysées - 75008 Paris – France
  • - by e-mail: contact@laduree.com
  • - by telephone: during the Customer Service Department's opening hours* on 01.69.09.33.43.

*From Monday to Friday from 8:00 to 16:00



CANCELLATION RIGHT

    The cancellation right does not apply to contracts relating to the supply of the following products:
  • (i) products made according to the Customer's specifications or clearly personalised products: this relates to all orders for weddings cakes, macaroon boxes, log cakes, pyramid cakes
  • (ii) fresh and perishable products, such as macaroons, chocolates, pastries
  • (iii) products unsealed by the Customer after delivery, which cannot be returned for health and safety reasons.

For all other products, in accordance with applicable laws and regulations, the Customer has fourteen (14) days with effect from receipt of the product to exercise his cancellation right by notifying the Seller, without being required to give any reason or pay any penalty, in order to obtain an exchange or a refund.

The cancellation right may be exercised using a plain sheet of paper or the cancellation form (template set forth in Appendix 1 of these T&Cs). The Seller shall immediately provide an acknowledgement of receipt in a sustainable format to the Customer.

The products must be returned within fourteen (14) days following the Customer's notification of the Seller of his decision to cancel, in conjunction with the purchase invoice in the original product packaging and in a perfect condition so that they can be sold as new. Damaged, soiled or incomplete products shall not be taken back.

In the event of exercise of the cancellation right within the above time limit, only the price of the product(s) purchased and the delivery costs shall be refunded. The Customer shall bear the costs of returning the products.

The exchange (subject to availability) or refund shall be carried out within fourteen (14) days with effect from the Seller's receipt of the products returned by the Customer in accordance with the terms and conditions of this article.



WARRANTY

    The products sold on the Website comply with applicable laws and regulations. The products are automatically covered by, in accordance with legal provisions,
  • - the legal warranty of conformity for products which appear to be defective, soiled or damaged or do not correspond to the order,
  • - the legal warranty against latent defects arising from a defect in materials, design or workmanship affecting the products delivered and making them unfit for human consumption.

In order to exercise his rights, the Customer must inform Ladurée in writing regarding the product non-conformity within three (3) days at most with effect from the delivery or the existence of the latent defects with effect from discovery thereof. No claims shall be validly accepted by Ladurée after the expiry of these time limits.



CLAIMS

In the event of a claim, please contact our Customer Service Department: contact@laduree.com. All claims must be made within the time limits stated above and must be accompanied by an explanation of the problem encountered and the duly justified damaged incurred.

For food health and safety reasons, Ladurée shall not accept any returns of food products, without the Customer Service Department's prior agreement. In the event where the return is agreed, the product must be returned in the condition received in the original product packaging in conjunction with the proof of purchase. The postage costs shall be refunded based on the amount charged and the return postage costs in the event of a claim (except in the event of exercise of the cancellation right) shall be refunded upon production of receipts.

After analysis of the situation, Ladurée shall decide the appropriate arrangement at its sole discretion, including a refund of the amounts paid or a reshipment of the products within thirty (30) days with effect from the order cancellation. By accepting such a replacement or refund, the Customer or any other party involved accepts to relinquish any additional claim which may be made, including the payment of interest.

LADUREE SHALL NOT ACCEPT ANY LIABILITY FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, INCLUDING WITHOUT BEING LIMITED TO, LOSS OF PROFITS, REVENUE OR EARNINGS DERIVING OR RELATING TO A BREACH OF THESE GENERAL TERMS AND CONDITIONS OF SALE OR A CLAIM AGAINST YOU BY ANY THIRD PARTY.



INTELLECTUAL PROPERTY RIGHTS

The Website content, including but without being limited to, the text, comments, illustrations and images reproduced on the Website, are the exclusive property of Ladurée and are protected by intellectual property rights. Any total or partial reproduction of the Website is strictly prohibited without Ladurée's prior agreement. Any infringement of our trademarks and the integrity of our products may result in civil or criminal proceedings.



GOVERNING LAW AND DISPUTES

These General Terms and Conditions of Sale are governed by French law. In the event of a dispute, an amicable solution shall be sought prior to any legal action. In this respect, we kindly ask our Customers to contact our Customer Service Department by post at the following address: contact@laduree.com. Failing an amicable solution, any legal action shall be brought before the courts with jurisdiction.



APPENDIX 1 - TEMPLATE CANCELLATION FORM EXCLUSIVELY FOR NON-FOOD PRODUCTS

(Please complete and return this form only if you wish to exercise your cancellation right)

For the attention of Ladurée, contact@laduree.com:

    I/We(*) hereby notify you that I/we(*) wish to cancel the contract relating to the sale of the following product:
  • - ordered on (*)/received on (*),
  • - Customer's name,
  • - Customer's address,
  • - Customer's signature (only if this form is sent in hard format),
  • - Date

(*) 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, Sherlock's by the Crédit Lyonnais.

delivery within 48hrs

By choosing home delivery, we guarantee you will receive your order within 48 working hours. Our partners UPS (delivery on weekdays) and Chronopost (delivery on Saturday) will contact you to ensure receipt of your order.

store pick-up

You can choose to pick up your order in our store, we have two services offered: Click & Collect and pick up by appointment. With Click & Collect, we ensure a pick up within an hour in our shops avenue Champs Elysées, rue Royale, rue Bonaparte, Printemps Haussmann and at airports de Paris Orly Ouest et Roissy 2F. With pick up by appointment, you can order in advance your products and choose the perfect timing to pick up your order in our store 75, avenue des Champs-Elysées, 75008 Paris.

customer service

Do you have a question concerning your order? You can contact us at any time by email (contact@laduree.com) or by phone at +33 1 69 09 33 43 on weekdays from 8 a.m. to 6 p.m.

 

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