CONTICINI SAS - Maison Philippe Conticini

59 Boulevard Camélinat, 92230 Gennevilliers

SIRET number: 75299257800019 at the Paris Trade and Companies Register (RCS de Paris)

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 Client within the framework of a distance selling system on digital networks such as the Internet and mobile networks, for goods defined in the sales catalog of the website and mobile 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 Client to enable them to place an order and make their purchases.

The fact that the Client completes an order on the Site (filling the basket) and confirms the order (validating the basket) constitutes full and complete acceptance of these GTC, which shall be the only ones 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 the courses and workshops provided for in the following articles.

2. PRODUCTS

The products offered to the Client are those listed in the catalog published on the Site, subject to availability and 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 Client before the final order is placed and cannot, under any circumstances, engage the Company's liability. Product visuals are provided for informational purposes only and are not contractually binding.

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

2.1. Ordering products

Ordering on the Site implies the opening of a Client account consisting of an email address and a password. These identifiers are and must be kept confidential. The Client's right to access the identifiers can be exercised by simple request to CONTICINI SAS Internet Customer Service, which will respond only by email to the address used when creating the Client 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 Client undertakes to accurately and meticulously complete the elements constituting their order. 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 conditions provided.

The Company will confirm the order and its payment:

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

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 conditions provided

The Company will confirm the order and its payment:

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

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

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

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, Clients 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 subject to availability and the courses are taught in French. The Company disclaims all responsibility in case of misunderstanding of a course by Clients whose native language is not French.

Each course offered for sale on the site www.philippeconticini.fr is subject to a presentation indicating its name, composition, price, as well as its dates and times. Furthermore, the recipes developed during the courses are not contractual but are given for informational purposes based on the market and season. The recipes distributed during the course are 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 validation of the Gift Voucher is immediate and is valid, like 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 provided by the Company of the same value. The reservation must be made later by the gift voucher beneficiary themselves.

3.3. Ordering courses and workshops

Ordering on the Site implies the opening of a Client account consisting of an email address and a password. These identifiers are and must be kept confidential. The Client's right to access the identifiers can be exercised by simple request to CONTICINI SAS Internet Customer Service, which will respond only by email to the address used when creating the Client account.

To place an order, the Client undertakes to accurately and meticulously complete the elements constituting their order. 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 conditions provided.

The Company will confirm the order and its payment:

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

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

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

In case of cancellation of a workshop or course order, the Client cannot be offered a refund, except under the legal conditions of consumer law, but can simply change the day of their workshop or course, under the terms provided above.

4. PRICES AND PAYMENT METHODS

The prices indicated are in Euros, inclusive of all taxes. The VAT included is the French VAT applicable on the day of the order. If the VAT rate changes, these changes may be reflected in the price of the items without the Client being notified in advance. However, prices cannot be changed once the order is confirmed.

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

Delivery costs are invoiced by the Company. Prices and costs may vary or fluctuate depending on raw material prices and the market in general. The Company reserves the right to modify its prices.

Delivery costs are invoiced 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. Payment validation by bank card is immediate.

The Client 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 the event of a refusal of payment authorization from financial institutions.

5. PRODUCT DELIVERY

Home deliveries are made in metropolitan France.

The Client is responsible for the information relating to the name and address of the recipient. 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 address error 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 contact the recipient directly by phone, in order to complete the missing delivery information with them, provided that the phone number is not incorrect and the recipient is available.

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

In the absence of the recipient or a person able to take possession of the products at the time of delivery, and insofar as the delivery person has access to the recipient's mailbox, the carrier will leave a delivery notice inviting the recipient to collect their product at a post office. In the case of delivery by courier, if the recipient is absent, 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 Client. It is up to the recipient to check shipments upon arrival and to make any reservations that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears marks of deterioration.

In the event of non-delivery of the package by the carrier, significant delivery delay, or non-conformity with the order, please address your complaints to the email address: gateauxdemotions@conticini.fr, which will process complaints on a case-by-case basis. The Company will do everything possible to satisfy its Clients in the event of a problem encountered during delivery.

In the case of a "Store Pickup" order, the Client undertakes to pick up their order at the Gâteaux d'Emotions Boutique 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 store an order that has been forgotten by the Client. 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 entremets, rectangular entremets, birthday cakes, cascadines, central stands, choux pyramids, Yule logs, macaron boxes;
2. fresh products, products liable to deteriorate or expire rapidly such as macarons, chocolates, pastries, viennoiseries, dry pastries, cakes, waffles, confectionery, spreads, jams, ice creams and sorbets, beverages;
3. Goods unsealed by the Client 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 Client 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 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 Client's decision to withdraw.

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

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

6.2. For courses, workshops and gift vouchers

The Client, a non-professional natural person, has a fourteen-day period 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 Client has exercised their right of withdrawal. Postponement can only be accepted by the Company once.

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.

7. STOCK OUTS

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 stockout, the Company will contact the Client by telephone or email as soon as possible to agree with them: to postpone delivery pending replenishment of this product, when possible, or to replace the product with another equivalent in quality and price.

Products are handcrafted 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 entail greater risks 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 attentive benevolence, good faith always being presumed in the person who takes the trouble to present the dispute.

Upon receipt of the products, the Client must ensure that the delivery conforms to their order. Any complaint must, to be taken into account, be made within 48 hours following receipt, given the perishable nature of the products. Any damage must be subject to specific, dated, and signed reservations on the delivery note.

Complaints should be sent by post to: CONTICINI SAS, 103, rue de Grenelle – 75007 Paris, or by email to gateauxdemotions@conticini.fr for product-related questions 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 Client.

In the event of cancellation of a course or workshop at the initiative of the Company, except in cases of force majeure, the Company will offer the Client a subsequent course or workshop within the next six months. If the Client 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 notably concerns orders for macaron pyramids, layered entremets, rectangular entremets, birthday cakes, cascadines, central stands, choux pyramids, Yule logs, macaron boxes;
2. fresh products, products liable to deteriorate or expire rapidly such as macarons, chocolates, pastries, viennoiseries, dry pastries, cakes, waffles, confectionery, spreads, jams, ice creams and sorbets, beverages;
3. Goods unsealed by the Client 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 Client 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 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 Client's decision to withdraw.

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

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

9.2. For courses, workshops and gift vouchers

The Client, a non-professional natural person, has a fourteen-day period 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 Client has 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, Masterclass participants 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 a Public Access Building (E.P.R), no refund can be claimed.

10. INTELLECTUAL PROPERTY AND PROHIBITION

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

Reproduction, redistribution or use for any purpose whatsoever, even partially, of elements of the Site is subject to the express prior authorization of the Company, owner of all intellectual property rights. A user who has a website and wishes to place a simple link on their site referring directly to www.philippeconticini.fr must first request authorization from the Company.

The Client must not under any circumstances resell the products which are intended for their personal use or for that of the person receiving their order.

11. PERSONAL DATA PROTECTION

By ordering via the Site, the Client consents to the use by the Company of personal data concerning them. This data is necessary to ensure the proper processing of orders. All this information is treated with the utmost rigor and discretion.

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

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

12. INDEPENDENCE OF CLAUSES

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

13. FORCE MAJEURE

Neither the Company nor the Client shall be held liable in the event of non-execution, non-performance or delay in the execution of any of its obligations described in these GTC which would have as its origin 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 authoritative.
Any dispute shall be subject to the jurisdiction of the Commercial Court of Paris once amicable solutions have been exhausted. The Company's liability cannot be engaged in case of non-compliance with the regulations of a foreign country where the products marketed on this Site are delivered.