Terms and conditions

Application and acceptance of the General Terms and Conditions of Sale

These general terms and conditions of sale ("GTCS") apply, without limitation or qualification, to all distance sales concluded by Pâtisserie E. Ladurée SAS, entered in the Lille Métropole Trade and Companies Register under no. 572 045 540, whose head office is situated at 344 Avenue de la Marne in Marcq-en-Barœul (59700) (the "Seller" or "LADUREE") to any non-professional consumer or buyer (the "Customer" or "You") who wishes to purchase the products offered for sale (the "Products") by the Seller on the www.laduree.fr website (the "Website"). They particularly specify the terms of order, payment, delivery and management of any refunds of Products ordered by the Customer on the Website. "Customer" is defined exclusively as any natural person aged eighteen (18) or over acting as a consumer pursuant to the introductory article of the French Consumer Code, who agrees to complete the mandatory fields to register his order and has a delivery address situated in one of the zones covered by the Seller, such as set out in Article 5 of these GTCS. Therefore, these GTCS do not apply to legal entities acting for professional purposes pursuant to the introductory article of the French Consumer Code, nor to natural persons placing an order for the needs of their business activity. It is strictly forbidden to resell Products purchased on the Website. The GTCS can be accessed at any time on the Website or on request to the email address contact@laduree.com. Since the GTCS may be subject to subsequent changes, the version applicable to the Customer's purchase is that in effect on the Website on the date the order is placed. This version will prevail over any other version or any other conflicting document. Therefore, LADUREE invites Customers to carefully read the GTCS in effect each time they place a new order. Any validation of an order by the Customer implies full acceptance of these GTCS and the special terms and conditions of his order (products, quantities, price, delivery method and periods, etc). The Customer declares to have read and accepted them by ticking the box provided for this purpose before validating the order.

Products

Product Information

LADUREE takes great care in presenting each Product on the Website and sets out its sales description, quantity, price, the means of payment accepted by LADUREE, any delivery restrictions, as well as the notices required by the legislation in effect with regard to the nature of the Products (whether or not pre-packaged), thus informing the Customer of their main characteristics. LADUREE states the "date of minimum durability" on the Product packaging or on a leaflet issued with the Product. The Product photographs are not contractual and are provided for information purposes only.

Product Quality

LADUREE takes great care to ensure quality of the Products offered for sale on the Website. The Products are stored in optimum conditions and are prepared and packaged according to strict quality regulations.

Specific Conditions relating to Macaroons

To enjoy at their best, LADUREE macaroons should be kept in a cool, dark place for no longer than four days from preparation of the box of macaroons, whose date is shown on a leaflet issued with the said box of macaroons. Macaroons shipped to the Customer's home are delivered in specific packaging that protects the food from all damage during transport. LADUREE draws its Customers' attention to the necessity to: • Check their availability on the day chosen for the delivery date. NOTE: LADUREE no longer guarantees the freshness of macaroons collected by the recipient more than 72 hours after their date of departure from the LADUREE logistics centre. • Put the macaroons in the refrigerator on receiving the parcel. • Not freeze the macaroons.

Allergy Warning

The food Products sold on the Website contain certain allergens specified for each Product in the "Allergies" section. Nutritional information for pre-packaged food Products (e.g.: chocolate, delicatessen products) is also given on the Product sheets in the "Nutrition Declaration" section. You can also contact our consumer service at the following address: contact@laduree.com.

Product Availability

LADUREE reserves the right to change its offer and its range of Products at any time. LADUREE agrees to honour orders received on the Website only within the limit of stocks available. Exceptionally, a Product shown as available on the Website could be unavailable after final registration of the order. If the Product is unavailable, LADUREE will inform the Customer by email that his order has been cancelled and will reimburse the Customer within a period of thirty (30) days, unless the Customer expressly wishes to change his order to a replacement Product recommended by LADUREE.

Orders

Account Creation

To place an order, You must have opened a customer account on the Website, which requires entering personal data. For more information on the use of your personal data we invite You to read our Confidentiality Policy at the following address: www.laduree.fr/protection-de-donnees-personnelles.html. You confirm that the information provided to LADUREE is genuine, accurate and up-to-date. You can update and correct your data at any time in your customer account. All information provided by the Customer remains under his sole responsibility and any anomalies generated by the Customer cannot be attributed to LADUREE in the event that it becomes impossible to proceed with the order or to ensure a positive result. You must choose a login and a password to access your account, which You must not give to anyone else. LADUREE will not be liable for any loss or damage that occurs due to failure to protect your login or password. If You have forgotten your password, a functionality on the Website allows you to recover it using your email address.

Order Registration

The order is registered in the following way: - The Products are selected by putting them in the basket; - The delivery method is selected; - The content of the basket is validated; - The Customer is identified by creating or connecting to his customer account; - Information on the delivery is provided (method, delivery costs and periods); - Information on billing is provided; - The delivery terms are confirmed; - The order is checked and validated and the GTCS are accepted by ticking the box provided for this effect; - Information is given and the payment is validated. At each stage of the process of entering his order and before its validation, the Customer has the option to correct or change his choices. The information provided by the Customer on placing the order is binding on the Customer: if the Customer makes an error when entering his contact details or those of the recipient or the place of delivery, in particular, his last name, first name, address, telephone number, email address, door code or floor, with the consequence that the Products are lost, the Customer will be liable for payment of the lost Products and no compensation or refund will be granted. Before validating payment of the order, it is therefore the Customer's responsibility to check the accuracy of the order and to make any changes. Validation of the order by the Customer implies acceptance of all of these GTCS. From validation of the order by the Customer, the order is registered automatically. No change will be taken into account by the Seller.

Order Confirmation

LADUREE confirms receipt of the Customer's order by email to the address provided by the Customer in order to recap (i) the Products ordered, (ii) the address, (iii) the delivery date and method, (iv) the means of payment and (v) his order number. Any order placed by the Customer will only be final after receipt by the Customer of the order confirmation and after registration by the bank of the full price of the order, including delivery costs. The distance sales contract between the Customer and LADUREE is formed at the time of confirmation of the order by LADUREE. LADUREE reserves the right to cancel or refuse any order from a Customer with whom it is in dispute relating to payment of a previous order or who presents any form of risk in its opinion.

Changing the order

Any change to the order by the Customer after confirmation of the order by LADUREE is subject to the prior approval of LADUREE.

Order Proof

Confirmation of the order by LADUREE, the data registered by the Seller using the Website's automatic registration systems or by its distance sales service, as well as any email exchanged between the Seller and the Customer will be considered as proof of the nature, content and date of the transaction in the event of dispute between the parties and will be kept by the Seller for the required period in light of statutory limitation rules.

Price and terms of payment

Price

The Products are supplied at the rates in effect shown on the Website at the time of registration of the order by the Customer. Prices are expressed in euros, excluding tax and, where applicable, including taxes according to the VAT rate in effect on the day of registration of the order and excluding shipping costs. The costs of processing, shipping, transport and delivery will be billed in addition under the terms stated on the Website and calculated prior to validation of the order. Any additional costs to be added to the price of the Product(s) ordered must be subject to the Customer's express consent. The final price requested from the Customer corresponds to the total amount of the purchase, including these costs. The total price including taxes stated in the order confirmation sent by LADUREE is the total price of the order with taxes, including the price of the Products and additional costs, as well as transport costs. The prices displayed on the Website may be revised at any time without notice depending on prices of seasonal products and economic conditions. An invoice is drawn up by the Seller and is available in the customer account under "My account > My orders > Order details > see the invoice".

Payment (secure transactions)

The Customer acknowledges that placing an order inevitably involves payment at the time of the order by bank card or Paypal exclusively through a secure payment system of the Ogone company. The bank cards accepted for online payment are the following: debit cards, Visa, MasterCard and American Express. The Customer enters his card number, its expiry date and the cryptogram (composed of three or four figures depending on the card, situated on the back of the bank card) then validates the data or has the option to return to the previous page. The payment request is sent in real time via the Ogone secure payment system, which ensures that the bank card is valid (no input error, no objection) and confirms registration of the payment by issuing a transaction number or informs the Customer that the transaction has been refused. If the card is used fraudulently, LADUREE's liability cannot be incurred. If there are insufficient funds in the bank account, or the bank refuses payment, the order will automatically be cancelled and the Customer informed by email.

Delivery

Conditions

Products can only be shipped after validation of the transaction by Ogone. The Products ordered will be delivered within mainland France (including Corsica) and to the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Slovakia, Spain. The Products will be delivered according to the delivery periods stated for each type of delivery and to the address provided by the Customer when placing his order on the Website. Delivery constitutes transfer to the Customer of physical possession of the Product ordered. Except in particular cases or where the Products are unavailable, the Products ordered are delivered all in one go.

Delivery period

LADUREE does its utmost to deliver the Products ordered by the Customer within the periods stated below and communicated for information purposes only. The Seller is responsible for sound performance of the contract under the conditions of Article L. 122-15 of the French Consumer Code.

If the Products ordered are not delivered within thirty (30) working days after confirmation of the order, for any reason other than a force majeure event or due to the fault of the Customer, the sale may be cancelled on the Customer's request and under the terms stipulated in Articles L. 216-2 and L. 216-3 of the French Consumer Code. The sums paid by the Customer will be returned to him fourteen (14) days at the latest following the date of termination of the contract, to the exclusion of any compensation or deduction.

Delivery methods

Depending on the Products ordered, the Customer may choose from among the following delivery methods:

- home shipment

- delivery by courier

- Click&Collect

Range of Products

Delivery methods

Home shipment

Delivery by courier

 

Click&Collect

Classic box of macaroons

 

x

 

x

Shippable box of macaroons

x

 

 

 

Chocolates

x

x

 

x

Delicatessen products

x

x

 

x

Pastries

 

x

 

x

Gifts

X

x

 

x

Fragrances

X

x

 

x

1.        Home shipment

The Products eligible for home shipment by an independent carrier are the following: shippable boxes of macaroons, chocolates, delicatessen products, gifts.

Home shipment is carried out by Chronopost.

Delivery costs:

- Mainland France: depending on the value of goods in your basket.

- Abroad: depending on the day of delivery, the weight and destination of your order.

The carrier allows the order to be tracked. An email will be sent to the Customer when the parcel is collected from our warehouse and on delivery.

The Customer can choose a delivery date when finalising the order. Delivery dates are available up to 3 months after the order date.

a)        The delivery periods are the following

Day of the order


Preparation


Shipment

Delivery
(Mainland France)

Delivery
(Corsica and abroad)

From Monday to Thursday
(except public holidays)

D+1

D+1

24 to 48 hours after shipment

Information provided at the time of the order

Friday, Saturday and Sunday
(except public holidays)

The following Monday
(except public holidays)

The following Tuesday before 6 p.m.
(except public holidays)

Day before public holiday and public holiday

The following working day

The 2nd working day afterwards

b)       Delivery address

The Customer is responsible for information relating to the name and address of the recipient. This information must be precise, accurate and complete (in particular door code and floor) to enable delivery under normal conditions. The Seller can by no means be held liable for return of a delivery due to an error in the address or it being impossible to deliver to the address provided.

If the addressee is absent, the carrier will leave a delivery notification at the place of delivery with instructions on how to collect the parcel.

2.        Delivery by courier

Products eligible for delivery by courier are the following: all Products for sale on the Website except for shippable boxes of macaroons.

a)        Delivery periods

Delivery periods by courier vary depending on the service chosen: same day delivery within two hours or delivery on a given date and during a given time slot. The Customer can choose his delivery time slot from among the time slots available and offered to him.

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

b)       Delivery address

The Customer is responsible for information relating to the name and address of the recipient. This information must be precise, accurate and complete (in particular door code and floor) to enable delivery under normal conditions. The Seller can by no means be held liable for return of a delivery due to an error in the address or it being impossible to deliver to the address provided.

Click&Collect

All Products for sale on the Website – except for shippable boxes of macaroons – are available for Click&Collect.

When placing his order, the Customer can choose to collect his Products from our stores, a list of which is given below (our "Stores"):

·         21 rue Bonaparte, 75006 Paris

·         75 avenue des Champs-Elysées, 75008 Paris

·         16 rue Royale, 75008 Paris

·         Printemps Haussmann, 75009 Paris

·         Aéroport Orly Aérogare Ouest, Hall 2, 94547 Orly

·         Aéroport Roissy Charles de Gaulle Aérogare 2, Terminal F, 95700 Roissy CDG

This service is available seven days a week (except for days when the Stores are closed) during Store opening times. A one-hour preparation period is required for any order placed during the opening times of the Store in question.

The Products ordered will be available at the Store in question within one hour from confirmation of the order and must be collected within 24 hours at the latest after confirmation of the order. Products ordered by Click&Collect not collected within 24 hours after confirmation of the order will be considered as lost.

To collect the order, the Customer must go to the cash desk of the selected Store with his unique collection code received by SMS and/or by email, or an identity document if he does not have his code.

The Customer must check that his order is compliant on collection. Once the order is collected no complaint of non-compliance can be accepted.

 

For any question relating to your Click&Collect order and its collection, You can contact contact@laduree.com.

Receipt

Receipt of the Products occurs when the Customer takes physical possession of the Products (the "Receipt").

 

The Customer must check the condition of the Products on their Receipt. In the event of missing, lost or damaged goods, the Customer must state his reservations:

·         to the Seller if the Products are collected from the Store via Click&Collect.

·         to the carrier if the Products are shipped or delivered by courier, specifying the nature and extent of the damage on the delivery slip.

 

The Customer will confirm the reservations he has made within three (3) days from Receipt, in writing (email or letter) to Customer Service. His complaint must be accompanied by a photograph clearly showing the damage to the Product. After this period, Products delivered will be deemed compliant and free of any defect.

 

LADUREE will refund or replace at its expense Products that are non-compliant or defective.

Transfer of ownership and risks

Ownership of the Products will only be transferred from the Seller to the Customer after registration of payment of the price by Ogone.

Risks will be transferred on Receipt of the Products. From this date, the Customer will assume full liability for all damage that the Products may suffer or cause. Therefore, the Products travel at the Seller's own risk.

Customer Service

The Seller makes every effort to best meet the needs of its customers. However, the Customer may send any complaints to Customer Service:

- by letter: LADUREE – Customer Service – 75 avenue des Champs-Elysées – 75008 PARIS – France

- by email: contact@laduree.com

- by telephone: during Customer Service opening times* on +33 1 70 22 45 20.

- online, by completing the form here.

*From Monday to Friday, from 9 a.m. to 7.30 p.m. and Saturday from 10 a.m. to 6 p.m.

If You are not satisfied with the response from our Customer Service, You can then contact the following mediator:

- by post: Médiation Franchise-Consommateurs (MFC), Fédération Française de la Franchise, 29 Boulevard de Courcelles, 75008 PARIS

- by telephone: 01.53.75.22.25

- by email: info@franchise-fff.com

For more information on the Franchise-consommateur mediation procedure: here
For reasons of food hygiene and safety, LADUREE will not accept any return or exchange of foods unless agreed by the consumer service beforehand. If the return is agreed, the Product must be returned in its original condition and packaging accompanied by proof of purchase. Shipping costs will be reimbursed on the basis of the rate invoiced and the costs of return in the case of complaint (except for exercising the right of withdrawal) will be reimbursed by LADUREE on presentation of receipts.

After analysing the situation, LADUREE will decide at its own discretion on a suitable arrangement, either a refund of the sums paid or a new delivery of the Products within thirty (30) days from cancellation of the order. By accepting such a replacement or refund, the Customer or any other party involved consents to waive any additional complaint that could be made, including in particular the payment of interest.

LADUREE IS NOT LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, INCLUDING, WITHOUT ANY LIMITATION, LOSS OF PROFIT OR INCOME ARISING FROM OR IN RELATION TO A BREACH OF THESE GENERAL TERMS AND CONDITIONS OF SALE OR TO A COMPLAINT AGAINST YOU BY ANY THIRD PARTY.

Cancellation Right

The right of withdrawal does not apply to contracts concerning supply of the following Products:

(i) goods prepared according to consumer specifications or clearly personalised: this applies to all orders of pièces montées (wedding cakes), boxes of macaroons, logs, pyramids

(ii) fresh and perishable products such as macaroons, chocolates, pastries

(iii) goods opened by the Customer after delivery and which cannot be returned for reasons of health or hygiene.

For other Products, in accordance with the regulations in effect, the Customer has fourteen (14) days from receipt of the Product to exercise his right of withdrawal with the Seller, without having to give reasons or pay a penalty, in order to receive a refund or exchange.

The right of withdrawal can be exercised in writing on plain paper or using the withdrawal form, a template of which is given in Appendix 1 of these GTCS. An acknowledgement of receipt on a durable medium will immediately be sent to the Customer by the Seller.

Products must be returned within fourteen (14) days from notification to the Seller of the Customer's decision to withdraw, accompanied by the invoice, in their original packaging and in perfect condition so that they can be resold as new. Damaged, soiled or incomplete Products will not be taken back.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) bought and the delivery costs will be reimbursed; the costs of return remain payable by the Customer.

The exchange (subject to availability) or refund will be carried out within fourteen (14) days from receipt, by the Seller, of the Products returned by the Customer under the terms of this Article.

Warranty

The Products sold on the Website comply with the regulations in effect in France. The Products benefit, as of right and pursuant to legal provisions, from the legal guarantee of conformity and from the legal guarantee against hidden defects.

 

1.        Legal guarantee of conformity

 

Pursuant to Article L. 217-4 of the French Consumer Code, LADUREE is obligated to deliver a Product that complies with the order and is responsible for non-compliance on delivery. According to Article L. 217-5 of the French Consumer Code:

 

"To comply with the contract, the goods must:

1. be suitable for the use usually expected from similar goods, and, where applicable:

-        

-         present the qualities that a buyer may legitimately expect with regard to the public declarations made by the seller, by the producer or by its representative, in particular in advertising or labelling;

2. or present the characteristics defined by joint agreement between the parties or be suited to any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".

 

When taking action under the legal guarantee of conformity, the Customer:

-         benefits from a period of two years from delivery of the goods to take action;

-         may choose between repair and replacement of the goods, subject to the conditions of cost provided for in Article L. 221-9 of the French Consumer Code;

is exempted from proving the existence of a non-conformity in the goods for twenty-four months from delivery of the goods.

 

2.        Guarantee against hidden defects

 

LADUREE is also bound by the guarantee against hidden defects affecting the Products delivered and making them unfit for the use for which they are intended, under the conditions stipulated in Articles 1641 to 1649 of the French Civil Code, on condition that the buyer proves the hidden defect and that he takes action within two years from discovery of the defect (Article 1648 of the French Civil Code).

 

If the guarantee against hidden defects is implemented, the Customer can choose between cancelling the sale and a reduction in the sale price pursuant to Article 1644 of the French Civil Code

Intellectual property rights

The content of the Website including, in particular, but not limited to, text, comments, illustrations, photographs and images reproduced on the Site, is the exclusive property of LADUREE and is protected by intellectual property rights. Any full or partial reproduction of the Website is strictly forbidden, unless authorised in writing beforehand by LADUREE. Any infringement of our brands and the integrity of our Products could justify the introduction of civil or criminal proceedings.

Governing law and disputes

These GTCS are subject to French law. In the event of dispute, an amicable solution will be sought as a priority before any legal action is taken. For this purpose we ask our Customers to please contact our Customer Service by post at the following address: contact@laduree.com. If an amicable solution cannot be reached, any legal action will be brought before the Paris courts.

Appendix 1 - Template concellation form exclusively for non-food products

(Complete and return this form only if You with to exercise your right of withdrawal)

 

For the attention of LADUREE – Customer Service – 75 avenue des Champs-Elysées – 75008 PARIS – France

OR contact@laduree.com:

 

I hereby notify you of my withdrawal from the contract relating to the sale of the following Product(s):

Ordered on (*)/received on (*),

 

Customer name,

 

Customer address,

 

Customer signature (only if this form is sent in paper format),