General terms and conditions of sale
Online sales on the website www.pierrot-gourmand.com
Version dated 2021 19th March
ANDROS SNC – Zone Industrielle – 46130 BIARS SUR CERE (France) – RCS Cahors 428.682.447 (called hereafter the “Company”)
I. SCOPE - OPPOSABILITY
General Terms and Conditions are applicable to sales of Pierrot Gourmand products (called hereafter the “Product(s)”) by the Company to non-professional buyers. They specify, in particular, order, payment, delivery and possible return conditions for Products ordered by the Customers.
General Terms and Conditions are applicable to all Products for sale in the section “E-shop” of the website www.pierrot-gourmand.com (called hereafter the “Site”). They only apply to sales for which delivery is made in Metropolitan France (including Corsica).
These General Terms and Conditions are applicable to the exclusion of all other conditions, and, in particular, those applicable to store sales or through other distribution and sales channels.
The word "Customer" means any physical or legal person, adult and able who wishes to purchase a Product in the E-shop of the Site, in accordance with these General Terms and Conditions.
The Customer declares being able to contract in accordance with the applicable law, and having carefully read easily accessible General Terms and Conditions.
Any order made by the Customer on the Site mandatorily requires the prior acceptance of the General Terms and Conditions. The Customer declares having read these General Terms and Conditions and having accepted them by checking the provided box before starting the online order process.
The Company reserves the right to modify General Terms and Conditions. Consequently, it is agreed that applicable General Terms and Conditions are the ones present on the Site at the day of placing order.
The fact that the Company does not apply any one of the provisions of the General Terms and Conditions is not to be construed as waiving the right subsequently to later apply any of said General Terms and Conditions.
The Customer can download and print these General Terms and Conditions on durable medium (in .pdf format) by clicking here (link).
II. PRODUCT AVAILABILITY
Orders are subject to availability. The Customer is invited to check the availability of the Products on the Site.
Contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
The removal of one of several Products for sale on the Site and the modification of the Product’s characteristics remain at the sole discretion of the Company, and cannot lead to pay any compensation to the Customer.
Applicable prices are those shown on the Site when validating the order.
Prices are indicated in Euros including all taxes and applicable in Metropolitan France. Applicable VAT rate is the one applicable the day of placing the order.
Costs for shipping, transportation and delivery, as well as optional services to which the Customer has previously subscribed are not included in the shown price, and must be paid by the Customer, they include taxes. These costs are previously calculated when placing the order. The payment requested to the Customer corresponds to the total amount of the purchase, including these costs.
Connection costs to access and order on the Site are paid by the Customer.
The Company is free to modify prices at any time. Nevertheless, for orders that are already validated, applicable prices are those applicable when validating the order.
IV. DISCOUNT VOUCHER
The use of a Discount Voucher is subject to prior and total acceptance of these General Terms and Conditions.
The Discount Voucher must be used by the Customer for a new order on the Site, before the final validation of this order. The Customer must enter and validate the discount code in the corresponding box "Enter discount code" when validating the order. The total amount of the order will automatically be updated, provided that the discount code is valid.
Unless otherwise specified on a Discount Voucher, Discount Vouchers cannot be refunded, nor combined or divided.
V. ORDER CONDITIONS
The Customer may select the Products he/she wants to buy on the Site, as follows:
• The Customer selects the number of Pierrot Gourmand products that he/she wants to buy by clicking on the icon “Add to your cart” or “I crack”.
• The Customer must check the box "I agree to General Terms and Conditions” to validate the order.
• The Customer is redirected to the cart where he/she can modify the needed quantity and add a discount code if applicable and write a personal message if needed (free option).
• The Customer then goes to a page where a delivery and invoicing address must be specified and then, payment information is requested.
• The Customer clicks on "Order" to validate the order and goes to an order confirmation page.
• When the order is completed, an order summary email will be sent to the Customer to confirm it.
• Another email is sent to the Customer when the order is shipped.
The sale is considered as final only when the order has been confirmed by the Company through an email and when the price has been fully paid in.
The Customer must check the exactness of the order and immediately notify any mistake. The Customer certifies having received detailed delivery costs, as well as contract performance, delivery and payment conditions.
All orders placed on the Site are contracts remotely signed between the Customer and the Company.
The Company reserves the right to cancel or deny any order of a Customer with whom there would be a dispute related to the payment of a previous order. The Customer can find all information related to the order (invoice, package tracking number, name and address) in the section "My Account".
The Company does not aim at selling the Products to professionals, but only to consumers, for their personal needs. The Company reserves the right to deny orders of a same Product in large quantities and including more than ten (10) identical items.
An order cannot exceed a weight of 10kg.
The transaction is saved by the Company in accordance with the applicable regulation, the Customer can ask, in writing, the Company to have access to it according to Privacy and Data Protection Policy
VI. PAYMENT CONDITIONS
Payment is due immediately upon order. The Customer agrees to ensure his/her solvency before placing an order.
Payments are made by credit card. Payments are performed through STRIPE secured system that uses SSL (Secure Socket Layer) protocol, that guarantees that transmitted information are encrypted by a software and that no third party can see it during transfer on the network.
Once payment has been done, the Customer must save and keep the certificate related to bank information of the transaction.
The Customer guarantees that he/she is fully authorized to use the credit card and that these payment methods give access to enough funds to cover all Company’s services costs.
To ensure payment security during transactions on its site, avoid frauds and thus protect its Customers, the Company may perform an automated processing in order to check, or have checked by its subcontractors, orders placed on its Sites and check the conformity of information that are transmitted to the Company during orders. This check involves processing of some data, in particular personal, collected through the Site in accordance with Privacy and Data Protection Policy.
Moreover, the Company reserves the right, in case of non-observance of payment conditions specified above, to suspend or cancel the delivery of current orders placed by the Customer. Additional information may be requested by the Company to complete the order.
The Customer must read the description of each Product to know its essential specificities and properties.
All necessary information is available on the page "More information" by following the link "Product description".
Pictures and graphics shown on this Site are not contractual and cannot engage the Company’s responsibility.
In case of nonconformity of the Product delivered to the Customer, the Customer can return it to the Company. The Customer can request the Company to have the defective Product be refunded or exchanged for a Product compliant with the order, in accordance with the law (see hereafter XI. Guarantees)
VIII. DELIVERY CONDITIONS
- Delivery to Colissimo delivery point: delivery of the package signed for upon receipt and presentation of an identity proof. Delivery timing is estimated between 2 and 5 working days from the day of order shipping. Delivery costs are set to a fixed rate of 5.95 € (including VAT) for Metropolitan France, Corsica and Monaco. For a purchase of 40 € (including VAT) or more, delivery costs are paid by the Company.
- Delivery through Colissimo at home: delivery without signature upon receipt for small packages that can be dropped off in the Customer’s mailbox. Delivery timing is estimated between 2 and 5 working days from the day of order shipping. Delivery costs are set to a fixed rate of 5.95 € (including VAT) for Metropolitan France, Corsica and Monaco. For a purchase of 40 € (including VAT) or more, delivery costs are paid by the Company.
- Delivery through Chronopost at home: delivery of the package in person and signed for upon receipt. Delivery timing is estimated between 1 and 2 working days from the day of order shipping. Delivery costs are set to a fixed rate of 12 €* (including VAT) for Metropolitan France (excluding Corsica).
*Delivery to Corsica incurs an extra cost of 19,60 € (including VAT), as well as delivery in not easily accessible areas an extra cost of 5 € (including VAT) will be applied (see Zip Codes identified by Chronopost on the following link: https://www.chronopost.fr/fr/zones-difficiles-dacces), and for deliveries on Saturday, an extra cost of 6 € (including VAT) will be applied if the order is validated before Friday 10am.
Orders placed on Friday after 12am (noon) will be processed on the following Monday.
Delivery place and timing: Products ordered by the Customer will be delivered in Metropolitan France, including Corsica, at the address indicated by the Customer when ordering on the Site.
Delivery is the transfer to the Customer of the physical possession or the control of the Product.
Subject to specific case or unavailability of one or several Products, ordered Products are delivered in once. In case of partial delivery, the Customer will be informed of shipping and products present in the package.
Orders are validated and processed by the Company’s logistics department as soon as possible upon validation of the Order by the Customer.
The Company will send packages through Post Office’s Chronopost or Colissimo service.
The statutory maximum time limit of delivery is 30 (thirty) working days from the day of product order, unless otherwise specified to the Customer when placing the order or prior to its validation. This timing will be indicated in the order summary and in the shipping tracking information.
The Customer is informed of the order shipping by email sent to the email address specified when ordering. This email will also include the package tracking number that enables to follow its delivery progress from the colissimo site. The tracking number will also be available in the section “My account”.
The Customer must check the condition of delivered products upon delivery in presence of the transporter. Reservations must be written on the delivery sheet of the transporter, in a clear and detailed way, by describing the nonconformity or visible defects. To avoid any further dispute, reservations must be dated and signed by the Customer. The Customer has 2 (two) days to inform the Company in writing (email or letter).
If these formalities have not been observed, Products will be considered to be compliant and free from visible defect and no claim will be legitimately accepted by the Company. The Company will refund or replace, as soon as possible, delivered Products with nonconformities or visible or hidden defects that have been duly proven by the Customer, according to conditions provided by articles L 217-4 and following of French Consumer Code and those provided by the present General Terms and Conditions (see XI. GUARANTEES).
Delivery absence or delay: The Company commits to doing its best to deliver products ordered by the Customer in specified timings. These timings are communicated for information only.
If, after thirty (30) days and excluding case of force majeure, the Customer has not received the package, the Customer must inform the Company by certified letter with return receipt requested or in writing on another hard medium. In that case, the Company commits to refunding the Customer, within 10 (ten) working days following the cancellation request.
In accordance with applicable regulation, risk transfer is made upon physical possession or control of the Product by the Customer.
IX. CANCELLATION RIGHT
Cancellation right application conditions and timing:
Pursuant to article L 221-18 of the French Consumer Code, the Customer has a cancellation right, that expires fourteen days after the day when the Customer, or a third party other than the transporter and named by the Customer, takes physically possession of the good. To apply this right, the Customer must inform the Company of his/her decision of canceling this contract through an unambiguous declaration (for instance, letter sent through post office, telecopy or email).
The Customer can use the cancellation form template here (lien). The Customer can fill in and send the cancellation form template or any other unambiguous declaration to the mail or email address of the Company (specified in these General Terms and Conditions). If the Customer chooses this option, the Company will immediately send him/her an acknowledgement of receipt on a hard medium through email.
In order to observe the cancellation timing, the Customer must have sent the notification related to the cancellation right application before timing expiration.
Customer refund conditions:
In case of cancellation by the Customer, the Company will refund all received payments, including delivery costs. This refund will be made without excessive delay and, in any case, fourteen days at the latest starting from the day when the Company has been informed of the contract cancellation decision.
The Company will refund by using the same payment method as the one used by the Customer for the initial transaction. In any case, this refund will not cause costs to be paid by the Customer.
Product return procedure:
The Customer must return the Product to ANDROS SNC – E-Boutique PIERROT GOURMAND – Zone Industrielle – 46130 BIARS SUR CERE (France). The Customer will have to pay the direct costs to return the Product.
Cancellation right limitations:
The Customer’s responsibility can only be engaged in case of Product depreciation coming from manipulations other than the ones necessary to establish the nature, characteristics and proper operation of these Products, provided that the Company has informed the Customer of his/her cancellation right, in accordance with 2° of I of the article L.221-23 paragraph 3.
Some products and services cannot be subjected to a cancellation right, in accordance with provisions of the article L221-28 of the French Consumer Code:
- Provision of services fully performed before the end of cancellation timing and the performance of which has begun after prior express agreement of the consumer and express waiver of his/her cancellation right;
- Provision of goods or services the price of which depends on the financial market’s fluctuations out of professional’s control and likely to occur during cancellation timing;
- provision of goods manufactured according to consumer’s specification or clearly customized;
- provision of goods likely to be quickly deteriorated or out-of-date;
- provisions of goods that have been unsealed by the consumer after delivery or that cannot be returned for hygiene or health protection reasons;
- provision of goods that, after being delivered and by their nature, are mixed with other items and cannot be separated;
- provision of alcoholic drinks the delivery of which is delayed over thirty days and the value of which has been agreed at the contract conclusion and depends on the financial market’s fluctuations out of professional’s control;
- maintenance or repair works to be done urgently at the consumer’s house and expressly requested by him/her, within the limitation of spare parts and works strictly necessary to satisfy the emergency;
- provision of audio or video records or software when they have been unsealed by the consumer after delivery;
- provision of a newspaper or magazine, except for subscription contracts to these publications;
- concluded during public auctions;
- provision of accommodation services, other than residential accommodation, good transportation services, car rentals, catering or leisure activities that must be provided at a given date or period;
- provision of a digital content not provided on hard medium the execution of which has started after prior express agreement of the consumer and express waiver of his/her cancellation right.
X. TITLE RETENTION CLAUSE
The Company remains the owner of the Products until full price payment.
The Products sold on the Site observe the applicable French regulation. The Products’ quality is guaranteed until their expiration date marked on their packaging.
The Company is held responsible of nonconformities in accordance with the provisions of the articles L217-4 et seq. of the French Consumer Code and hidden defects in accordance with the provisions of the articles 1641 et seq. of the French Civil Code.
In order to assert his/her rights, the Customer shall inform the Company, in writing, of the nonconformity of the Product or the hidden defects within legal time limits indicated in the box hereunder.
The Company shall refund, replace or have repaired non-compliant or defective Products or parts under guarantee.
Refunds of Products found non-compliant or defective will be made as soon as possible and at the latest fifteen (15) days after the Company has noticed the nonconformity or the hidden defect. Refund will be made through the same payment method as the one used by the Consumer during the initial transaction. The Company’s responsibility shall not be engaged in case of bad use, use for professional purposes, carelessness or maintenance lack from the Customer, as well as in case of normal wear of the Product, accident or force majeure.
The Company’s guarantee is nevertheless limited to the replacement or refund of Products that are non-compliant or defective.
- The Customer has a 2-year time limit to act;
- The Customer can choose between having the good repaired or replaced, subject to cost conditions provided by the article L.217-9 of the French Consumer Code;
- The Customer is dispensed from proving the nonconformity for 24 months following the good delivery (since March 18th 2016 – 6 months for second-hand goods) ;
- The Customer has a legal conformity guarantee independently from the commercial warranty that might be granted;
- The Customer can decide to use the guarantee against hidden defects provided by the article 1641 of the French Civil Code; and then choose between sale resolution or price reduction, in accordance with the article 1644 of the French Civil Code.
XII. SOCIAL NETWORKS
The Company is present on social networks. We have, in particular, our Instagram web page.
The Company may collect information when the Customer visits social network pages or use their authentication functionalities.
To know more about personal data protection on these websites, the Customer is invited to read respective privacy policies of each of these websites.
According to social network, the Customer will have access to several functionalities like registration as Site’s Customer, access to sales, sale recommendation to social network contacts, sale sharing on his/her personal page within the social network, event creation, order list visualization, member-get-member through application recommendation, application sharing…
XIII. INTELLECTUAL PROPERTY RIGHTS
Access and use of the Site gives the Customer a non-exclusive and private right use of this Site. This site and all items that are published on it, including texts, pictures, illustrations, logos, brands, … are the brand’s owner (GER’SON SNC) property according to regulations related to copyrights and intellectual property.
Modification, reproduction, representation and downloading of all or part of this Site, on whichever medium, for a use other than private, are strictly forbidden subject to prosecution.
The Customer commits to observing all intellectual and industrial property rights linked to the brand Pierrot Gourmand, that he/she declares to know perfectly, including brands, drawings, recipes and templates.
XIV. PERSONAL DATA PROTECTION
The Company commits to observing confidentiality of personal data communicated by Customers on the Site and process them in accordance with provisions of the French Data Protection Act dated January 6th 1978 and the European Regulation no.2016/679 called General Data Protection Regulation.
All information provided by the Customer to the Company during visits on our Site is strictly confidential. This information is necessary for order processing as well as for commercial relationships between the Parties.
The Company informs the Customer that these data will be used by its internal services as well as those of the companies of the group to which the Company belongs.
For full information on the Customers’ personal data processing on this Site, please read the Pierrot Gourmand Privacy and Data Protection Policy.
XV. LIABILITY LIMITATION
The Company is exonerated from all or part of its liability by proving that the non-performance or the wrong performance of the contract is attributable either to the Customer; or to the fact, unpredictable and insurmountable, of a third party of the contract, or to force majeure as specified by law and case law.
XVI. CONSUMER OMBUDSMAN – DISPUTE – APPLICABLE RIGHT
In case of dispute, the Customer shall previously get in contact with the Company in order to find an amicable solution by calling Pierrot Gourmand e-shop customer service at +33 (0)126.96.36.199.18 from Monday to Friday from 8am to 6pm (excluding weekend and public holidays) (call free of charge).
In case of failure, the Customer can bring his/her claims to the Consumer Ombudsman chosen by the Company:
The E-shopping Ombudsmand service of FEVAD (French Federation for E-shopping and Distance Selling)
60 rue la Boétie
Website: Contact – www.mediateurfevad.fr
In accordance with rules applicable to mediation, any dispute shall be previously brought to Pierrot Gourmand E-shop Customer Service– Zone Industrielle – 46130 Biars sur Cère (France).
ONLINE DISPUTE SETTLEMENT PLATFORM: Pursuant to article 14 of the European Regulation no.524/2013, the European Commission has set up an Online Dispute Settlement platform, to make independent settlement of disputes easier, by extrajudicial way, between consumers and professional.
This platform is available at the following link: https://webgate.ec.europa.eu/odr/
APPLICABLE RIGHT AND COMPETENT JURISDICTION: These General Terms and Conditions in English will be implemented and interpreted in accordance with French law. If no dispute resolution out of court is found, French courts will be competent.
XVII. AGREEMENT AND PRECONTRACTUAL INFORMATION
The fact for a legal or physical person to order on the Site implies full and whole agreement of these General Terms and Conditions and obligation to pay ordered Products, which is expressly recognized by the Customer, who agrees, in particular, not to rely on any contradictory document, which would be enforceable to the Company.
To contact our Company:
Service Client Pierrot Gourmand
46130 Biars sur Cère (France)
APPENDIX – Provisions related to legal guarantees
Article L217-4 of the French Consumer Code
The seller is bound to deliver a good in compliance with the contract and answers for nonconformities existing when delivered. He also answers for nonconformities resulting from packaging, installation instructions, or the installation when it is said under his responsibility by the contract or has been performed under his responsibility.
Article L217-5 of the French Consumer Code
To be in accordance with the contract, the good must:
- fit for the purpose usually intended for a similar good and, if applicable:
- correspond to the description given by the seller and have the qualities that the seller has specified to the buyer in the form of sample or template
- have the qualities that the buyer can legitimately await in view of public declarations made by the seller, the producer or his representative, in particular in the advertisement or the label
- or have the characteristics specified by mutual agreement between the parties or fit for any special purpose looked for by the buyer, specified to the seller and agreed by the latter.
Article L217-9 of the French Consumer Code
In case of nonconformity, the buyer chooses between repair or replacement of the good. Nevertheless the seller may not follow the choice of the buyer if this choice implies a cost clearly disproportionate compared to the other option, with relation to the good’s value or the extent of the nonconformity. He is thus bound to proceed, unless impossible, according to the option not chosen by the buyer.
Article L217-12 of the French Consumer Code
The action resulting from nonconformity is prescribed after two years after delivery of the good.
Article L217-16 of the French Consumer Code
When the buyer asks the seller, during the commercial warranty granted upon purchase or repair of personal property, for reconditioning covered by the warranty, any immobilization time of at least seven days is added to the remaining warranty time. This time begins from the buyer’s maintenance request or the provision of the defective good for repair, if this provision is after the maintenance request.
Article 1641 of the French Civil Code
The seller is bound for the guarantee because of hidden defects of the sold thing that make it unfit for the intended use, or that reduce so much its use that the buyer would have not bought it, or would have proposed a lower price, if he would have known them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from unacceptable defects shall be taken within a period of two years after the defect has been discovered.