CONTICINI SAS - Maison Philippe Conticini

37 RUE DE VARENNE, 75007 PARIS

SIRET number: 75299257800092 at the Paris Trade and Companies Register

VAT number: FR36752992578

http://www.philippeconticini.fr

Hosting:

 

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

 

Head office: Ottawa, Canada

 

150 Elgin Street, 8th Floor
Ottawa, Ontario, Canada
K2P 1L4

Photo credits: Géraldine Martens, Place des clichés (Marie Janiszewski), Laurent Fau, Mélanie Denizot, Kevin Rauzy

For any suggestions or information concerning the website, you can write to the following email address: contact@conticini.fr

1. APPLICATION

These General Terms and Conditions of Sale (hereinafter "GTC") define the terms of sale between the Company and the Customer within the framework of a distance selling system on digital networks such as the Internet and the mobile network, for goods defined in the sales catalog of the website and mobile site www.philippeconticini.fr (hereinafter "the Site").

These GTC apply to the exclusion of all other conditions, particularly those in force on other websites or other media.

These GTC are brought to the attention of each Customer to enable them to place an order and make their purchases.

The fact that the Customer fills out an order on the Site (filling the basket) and confirms the order (validating the basket) constitutes full and unreserved acceptance of these GTC, which shall be solely applicable to the subsequent contract.

The Company reserves the right to modify all or part of these GTC at any time.

The Company offers for sale the products and courses and workshops provided for in the following articles.

2. PRODUCTS

The products offered to the Customer are those listed in the catalog published on the Site within the limits of available stock and subject to the proper functioning of the Site.

Each product is presented with a photograph and a description prepared by the Company. The descriptions are intended to present the essential characteristics of the products to the Customer before the final order is placed and cannot in any way engage the Company's liability. The product visuals are provided for information purposes only and are not contractual.

The Company guarantees the Customer that the products are manufactured, packaged and stored according to strict quality rules in accordance with the standards in force in France. However, the Company cannot extend its guarantee on its products if the Customer has not complied with optimal storage conditions, or if the Customer has consumed products beyond the expiry date indicated on the packaging.

2.1. Ordering products

Placing an order on the Site requires the creation of a Customer account consisting of an email address and a password. These identifiers are and must be kept confidential. The Customer's right to access the identifiers can be exercised by simply requesting the CONTICINI SAS Internet Customer Service, which will only respond by email to the address used when creating the Customer account.

Home delivery products do not include fresh products, but only non-consumable products (such as books and publications) and confectionery products.

To place an order, the Customer undertakes to fill in the elements of their order with precision and rigor. As such, they undertake to fully complete the various sections necessary for the proper processing of their order.

2.1.1. For click and collect products (in-store pickup)

• Choice of product(s);
• Choice of billing address;
• Choice of collection address;
• Choice of collection date;
• Choice of payment method;
• Verification and validation of the order and the GTC;
• Payment of the order under the specified conditions.

The Company will confirm the order and its payment:

• On the Site, after payment;
• By email, to the email address indicated by the Customer;

2.1.2. For home delivery products

• Choice of product(s);
• Choice of billing address;
• Choice of delivery address;
• Choice of delivery date;
• Choice of payment method;
• Verification and validation of the order and the GTC;
• Payment of the order under the specified conditions

The Company will confirm the order and its payment:

• On the Site, after payment;
• By email, to the email address indicated by the Customer;

The Company reserves the right to refuse an order in case of failure by the Customer to fulfill any of their obligations, and more generally, to refuse any order that is abnormal or incomplete for any reason whatsoever. The order is only definitive after confirmation by the Company. The Company will confirm to the Customer the acceptance of their order by email or, if applicable, its refusal within 48 business hours following the entry of their order on the Internet.

For any order modification (billing address, delivery address, delivery date or order content) or order cancellation made by the Customer, the Customer must contact the Internet Customer Service no later than 2 business days before the desired delivery date, by email: contact@conticini.fr. In case of order cancellation within this timeframe, the Customer will receive a credit for the corresponding amount by email. No refund will be possible.

The Internet Customer Service is available Monday to Friday from 9 am to 5 pm.

3. MASTERCLASSES, WORKSHOPS AND GIFT VOUCHERS

3.1. Sale of masterclasses and workshops

The Company notably offers pastry, cooking, or other training formulas. During the workshops, Customers do not make their own desserts.

These services take place at the location indicated by the Company, either in its own premises or in premises with which the Company has an agreement. These services are offered within the limits of available places and the courses are taught in French. The Company disclaims all responsibility in case of misunderstanding of a course by Customers whose native language is not French.

Each course offered for sale on the website www.philippeconticini.fr is presented with its name, composition, price, and dates and times. Furthermore, the recipes developed during the courses are not contractual but given as an indication depending on the market and the season. The recipes distributed during the course remain the exclusive property of the Company.

Courses and workshops are valid for one year from the date of order.

3.2. Sale of gift vouchers

The Company also offers the sale of gift vouchers which are only valid for courses and workshops. The Gift Voucher is validated immediately and is valid, as for a course or workshop, for one year.

For gift vouchers, the beneficiary of the voucher must register within one year from their issue date. They are exchangeable for a workshop of the same value provided by the Company. The reservation must be made later by the beneficiary of the gift voucher themselves.

3.3. Ordering courses and workshops

Placing an order on the Site implies the opening of a Customer account consisting of an e-mail address and a password. These identifiers are and must be kept confidential. The Customer's right to access the identifiers can be exercised by simply requesting the CONTICINI SAS Internet Customer Service, which will only respond by e-mail to the address used when creating the Customer account.

To place an order, the Customer undertakes to fill in the elements of their order with precision and rigor. As such, they undertake to fully complete the various sections necessary for the proper processing of their order:

• Choice of workshop(s);
• Choice of billing address;
• Choice of payment method;
• Verification and validation of the order and the GTC;
• Payment of the order under the specified conditions.

The Company will confirm the order and its payment:

• On the Site, after payment;
• By e-mail, to the e-mail address indicated by the Customer;

The Company reserves the right to refuse an order in case of failure by the Customer to fulfill any of their obligations, and more generally, to refuse any order that is abnormal or incomplete for any reason whatsoever. The order is only definitive after confirmation by the Company. The Company will confirm to the Customer the acceptance of their order by e-mail or, if applicable, its refusal within 48 business hours following the entry of their order on the Internet.

For any modification of an order concerning a workshop or a course, the Customer must contact us at least 15 days before the day of the event to choose another available workshop at ateliers@conticini.fr. A course or workshop modification can only occur once.

In case of cancellation of an order for a workshop or a course, the Customer will not be offered a refund, except under the legal conditions of consumer law, but may simply change the day of their workshop or course, under the terms specified above.

4. PRICES AND PAYMENT METHODS

The prices indicated are in Euros, including all taxes. The VAT included is the French VAT applicable on the day of the order. If the VAT rate were to be modified, these changes could be reflected in the price of the items without the Customer being informed in advance. However, prices cannot be modified once the order has been confirmed.

Shipping costs include the cost of quality packaging provided by the Company.

Delivery costs are charged by the Company. Prices and costs are subject to change or fluctuation depending on raw material prices and the market in general. The Company reserves the right to modify its prices.

Delivery costs are charged in addition to the price of the products. Delivery rates depend on the chosen delivery method, as well as the geographical area, weight, and/or volume of the package.

Payment for products and courses is made by VISA, MASTERCARD, or AMERICAN EXPRESS bank card, online from the Website, through the secure payment system of CONTICINI SAS's banking institution. Validation of payment by bank card is immediate.

The Customer guarantees the Company that the payment method used is valid and is not the result of a fraudulent operation. To be registered, the order must be paid in full. Unpaid orders cannot be processed. The Company therefore reserves the right to suspend any order or delivery in case of refusal of payment authorization by financial institutions.

5. PRODUCT DELIVERY

Home deliveries are made in mainland France.

The Customer is responsible for the information regarding the recipient's name and address. These details must be precise, accurate, and complete (including door code and floor) to allow for delivery under normal conditions.

The Company cannot under any circumstances be held responsible for a return delivery due to an incorrect address or an impossibility to deliver to the indicated address.

In the event that a delivery address is incomplete or imprecise, the Company reserves the right to directly contact the recipient by telephone to complete the missing delivery information, provided that the telephone number is not incorrect and the recipient is available.

Orders indicating a PO box address cannot be taken into account or processed.

In the event of the recipient's absence or the absence of a person capable of taking possession of the products upon delivery, and to the extent that the carrier has access to the recipient's mailbox, the carrier will leave a delivery notice inviting the recipient to pick up their product at a post office. In the case of courier delivery, in the event of the recipient's absence, the products will be returned to the store.

Under no circumstances can the Company be held responsible for any deterioration of the products due to their late collection from the carrier.

The Company reserves the right to advise against sending certain delicate products during hot periods.

The risk of transport is borne by the Customer. It is the recipient's responsibility to check shipments upon arrival and to make any justified reservations, or even refuse the package, if it appears to have been opened or shows signs of deterioration.

In case of non-delivery of the package by the carrier, significant delay in delivery, or non-conformity with the order, please address your complaints to the email address: gateauxdemotions@conticini.fr, which will handle complaints on a case-by-case basis. The Company will make every effort to satisfy its Customers in case of a delivery problem.

In the case of a store pick-up order, the Customer undertakes to pick up their order at the Gâteaux d'Emotions Store located at 37, rue de Varenne – 75007 Paris on the same day and during the time slot they have chosen.

As the products are perishable, the Company cannot keep an order that has been forgotten by the Customer. Any forgotten order cannot under any circumstances be refunded.

6. RIGHT OF WITHDRAWAL

6.1. For products

In accordance with current legislation, the right of withdrawal does not apply to contracts for the supply of the following products:

1. goods made to the consumer's specifications or clearly personalized: this notably concerns orders for macaron pyramids, layered desserts, rectangular desserts, birthday cakes, cascadines, central stands, choux pastry pyramids, logs, macaron boxes;
2. fresh products, products liable to deteriorate or expire rapidly such as macarons, chocolates, pastries, viennoiseries, dry cakes, cakes, waffles, confectionery, spreads, ice creams and sorbets, beverages;
3. Goods unsealed by the Customer after delivery and which cannot be returned for hygiene or health protection reasons.

For other products, in accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen days from receipt of the product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the products are returned in their original packaging and in perfect condition of presentation and preservation, within 14 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the delivery costs are refunded; the return costs remain the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days from receipt of the products returned by the Customer under the conditions provided for in this article.

6.2. For courses, workshops and gift vouchers

The Customer, a non-professional individual, has a period of fourteen days to exercise their right of withdrawal. This period begins from the accepted order date and must be exercised by sending an email to the address ateliers@conticini.fr to cancel or postpone the course whose execution has not begun, by indicating their name and order number. The refund will be made without delay and subject to a penalty of 5% of the order amount, at the latest within thirty days following the date on which the Customer exercised their right of withdrawal. The postponement can only be accepted by the Company once.

No extension of the gift voucher or reservation validity period is possible unless the voucher beneficiary justifies, with a medical certificate, the complete impossibility of participating in a course before the end of the gift voucher or reservation validity period. In this case, the validity period of the gift voucher or reservation will be extended until the end of the current calendar year. No additional postponement can be accepted.

7. OUT OF STOCK

The products sold on the Site are offered within the limits of available stock. A product that becomes unavailable will be removed from the catalog of products available for distance selling as soon as possible.

However, in the event of a stock shortage, the Company will contact the Customer by telephone or e-mail as soon as possible to agree with them to: postpone delivery pending replenishment of the product, where possible, or replace the product with an equivalent in quality and price.

The products are handmade and available in limited quantities. For all intents and purposes, it is important to note that orders placed during holiday periods (especially end-of-year holidays) may lead to a higher risk of stock shortages compared to those placed during other periods of the year.

8. COMPLAINTS AND DISPUTES

Complaints or disputes will always be received with careful consideration, as good faith is always presumed in the person who takes the trouble to explain the dispute.

Upon receipt of the products, the Customer must ensure that the delivery complies with their order. Any complaint must, to be taken into account, be made within 48 hours of receipt, given the perishable nature of the products. Any damage must be precisely noted, dated and signed on the delivery slip.

Complaints should be sent by post to: CONTICINI SAS, 103, rue de Grenelle – 75007 Paris, or by email to gateauxdemotions@conticini.fr for questions relating to products and to ateliers@conticini.fr.

After analysis and if the complaint is accepted by the Company, a commercial gesture or a credit note will be offered to the Customer.

In the event of cancellation of a course or workshop by the Company, excluding cases of force majeure, the Company will offer the Customer a subsequent course or workshop within the next six months. If the Customer is unable to attend, the Company will refund the price of the course or workshop.

 

9. REFUNDS

 

In accordance with current legislation, the right of withdrawal does not apply to contracts for the supply of the following products:

1. goods made to the consumer's specifications or clearly personalized: this concerns in particular orders for macaron pyramids, layered desserts, rectangular desserts, birthday cakes, cascadines, central stands, choux pyramids, Yule logs, macaron boxes;
2. fresh products, products liable to deteriorate or expire quickly such as macarons, chocolates, pastries, viennoiseries, dry pastries, cakes, waffles, confectionery, spreads, jams, ice creams and sorbets, drinks;
3. Goods unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

For other products, in accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen days from receipt of the product to exercise their right of withdrawal with the Seller, without having to give reasons or pay a penalty, for exchange or refund, provided that the products are returned in their original packaging and in perfect condition for presentation and preservation, within 14 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted for return.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the delivery costs will be reimbursed; the return costs remaining at the Customer's expense. The exchange (subject to availability) or refund will be made within 14 days of receipt of the products returned by the Customer under the conditions set out in this article.

9.2. For courses, workshops and gift vouchers

The Customer, a non-professional individual, has a period of fourteen days to exercise their right of withdrawal. This period runs from the accepted order and must be exercised by sending an email to ateliers@conticini.fr to cancel or postpone the course whose execution has not begun, indicating their name and order number. The refund will be made without delay and subject to a penalty of 5% of the order amount, at the latest within thirty days following the date on which the Customer exercised their right of withdrawal. Postponement can only be accepted by the Company once.

Gift cards are not refundable beyond the legal withdrawal period. No extension of the validity period of the gift voucher or reservation is possible unless the beneficiary of the voucher justifies, by a medical certificate, the total impossibility of participating in a course before the end of the validity period of the gift voucher or reservation. In this case, the validity period of the gift voucher or reservation will be extended until the end of the current calendar year. No additional postponement can be accepted.

Given the evolving health situation, participants in Masterclasses are asked to comply with current health standards. As of January 1, 2022, it will therefore be necessary to have a valid vaccination pass and/or health pass or a PCR test less than 24 hours old. If participants do not comply with these rules to which the Masterclass venue is subject as an EPR, no refund can be claimed.

10. INTELLECTUAL PROPERTY AND PROHIBITION

The structure, layout, graphic charter, texts, database, images, photographs, sounds, videos and all other elements composing the Site are and remain the exclusive intellectual property of the Company and are protected by copyright. The trademarks, trade names and logos appearing on this site are registered trademarks.

The reproduction, redistribution or use, in any capacity whatsoever, even partially, of the elements of the Site is subject to the express and prior authorization of the Company, holder of all intellectual property rights. A user who has an Internet site and who wishes to place a simple link on their site directly to the www.philippeconticini.fr site must first request authorization from the Company.

The Customer must in no case resell the products which are intended for their personal use or for that of the person receiving their order.

11. PROTECTION OF PERSONAL DATA

By ordering via the Site, the Customer consents to the Company's use of their personal data. This data is necessary to ensure the proper processing of orders. All of this information is treated with the utmost rigor and discretion.

The Company undertakes not to disclose to third parties the information communicated by the Customer on the Site. This information is confidential. It will only be used for order processing and to strengthen and personalize communication, particularly by sending the CONTICINI SAS newsletter.

In accordance with current legislation, the Customer benefits from a right of access, rectification and deletion of data concerning them. To exercise this right and obtain communication of information, the Customer can contact the Company at contact@conticini.fr

12. SEVERABILITY OF CLAUSES

If one of these general conditions were to be declared inapplicable or invalidated for any reason, this invalidity would not affect the application or validity of the other provisions of the general conditions, the invalidated or deemed inapplicable provision then being replaced by the closest possible provision.

13. FORCE MAJEURE

Neither the Company nor the Customer shall be held liable in the event of non-performance, non-execution or delay in the execution of any of its obligations described in these GTC which would originate from a case of force majeure, as defined by the courts.

14. APPLICABLE LAW

These general conditions are governed exclusively by French law. The language of this contract is French. In case of translation, only the French version is authentic.
Any dispute will fall within the jurisdiction of the Paris Commercial Court once amicable solutions have been exhausted. The Company's liability cannot be engaged in the event of non-compliance with the regulations of a foreign country where the products marketed on this Site are delivered.