These terms and conditions of sale (hereinafter the "T&Cs") outline the terms and conditions of the online sale of products (hereinafter "Products") marketed by the company TALEK SAS (a simplified joint stock company with a capital of 975,000 euros and intra-community VAT number FR 01415308568, registered with the RCS of PARIS under the number 415 308 568, whose head office is located at 88 Boulevard Saint Michel, 25 Avenue de l'Observatoire 75006 PARIS) and the bakeries under the Éric KAYSER brand (hereinafter together "Maison Kayser") available on the website www.maison-kayser.com (hereinafter the "Website").
Unless stipulated the to contrary, the following terms and expressions correspond to the meanings given below when their first letter is capitalised, whether in singular or plural form, when shown in the T&Cs, order summary or any other document issued by Maison Kayser relating to product offers:
- Customer: means any natural or legal person who holds an account on the Website. Minors incapable of discernment are not permitted to place orders on the Website;
- Contract: refers to the following contractual documents ranked in increasing order of importance: the T&Cs, the product offer and the order summary;
- Offer: means Maison Kayser's product offer on the Website;
- Party(ies): means the Customer and/or Maison Kayser.
3.1 The T&Cs are applicable to any Product order placed by the Customer. They prevail over all other documents provided by Maison Kayser except for the Offer and order summary. Other documents (e.g. catalogues, brochures) are for reference only.
If there is any discrepancy between one or more of the provisions in these contractual
documents, the higher ranked document will prevail.
3.2 The T&Cs can be viewed at any time on the Website in the section "Terms and Conditions of Sale". The Customer can print them out and/or save them for personal use.
3.3 Maison Kayser reserves the right to amend the T&Cs in whole or in part at any time. Any new version will be made available on the Website. The applicable version of the T&Cs is the one available online on the day the Products are ordered.
3.4 By placing and confirming an order on the Website, the Customer agrees to accept in full the T&Cs in effect on the day of the order, which are the only ones applicable to the Contract.
3.5 The data stored by Maison Kayser on the Website may be used as proof of any transactions entered into with the Customer, within the limits of the Customer personal data protection policy outlined in the section "Personal data protection policy".
4- Product features
The Products offered for sale on the Website are those that appear in the catalogue published on the Website subject to stock availability and the correct functioning of the Website. Each Product is presented alongside a photograph and a description of its essential features as defined by Maison Kayser.
5.1 Prior to placing their first order, Customers must create an account on the Website by entering two login details: an email address and a password. The Customer can use these login details to access the account at any time. These login details are confidential and should be kept that way. They act as an electronic signature as per Article 1366 of the French Civil Code. The Customer is fully responsible for these login details and for any consequences that result from their misuse by a third party. The Customer has the right to access these login details simply by emailing Maison Kayser Internet Customer Service at the following address: email@example.com.
5.2 When placing an order, the Customer undertakes to complete the order form with due care and attention. To this end, the Customer undertakes to fully complete all sections needed for processing the order, i.e. Product selection; Quantity of Products required; Number of portions; Hot or cold; Sliced or unsliced; Information about the billing address, delivery method and delivery or pick-up point; Selection of delivery date and time; Selection of payment method; Order confirmation after verification; Order payment under conditions stipulated.
At each stage of the order entry process and prior to final confirmation, the Customer can make changes to his or her selections. As per the order process, the Customer will reach the payment stage subject to having confirmed the order beforehand.
The Customer will be bound by the corresponding order subject to the right of withdrawal outlined hereinafter.
5.3 Customer orders are limited to a value of €1,499.99.
5.4 Following order confirmation, the Customer will receive an initial notification indicating that the order is being processed. These notifications are sent to the Customer by email. Maison Kayser will also email the Customer the order payment form once payment has been made. This confirmation will show the order number and a summary of the Products ordered, the address, the date, the time and the delivery method, as well as the payment method chosen by the Customer.
5.5 All Cake Product orders must be placed on the Website at least two (2) working days before the date the order is required. The order will then be prepared and, at the behest of the Customer, delivered by courier or made available in store on the date and time chosen by the Customer when the order was placed.
5.6 The Customer can cancel the order subject to giving 48 (forty-eight) hours' notice in advance of the delivery date and time indicated on the order. If the order is cancelled late, Maison Kayser will only be obliged to reimburse those products subject to the right of withdrawal stipulated hereinafter. This reimbursement will be made by re-crediting the bank card used to pay for the order or by making a transfer to the Customer's account within 14 (fourteen) days of the date the order was cancelled or the withdrawal date initially established by the Customer after deducting, if applicable, the cost of customisation or gift wrapping that cannot be reused for hygiene reasons.
5.7 Maison Kayser reserves the right to suspend the processing of an order from a Customer whose account is in debit until the outstanding invoices have been paid; the Customer will be duly informed of the situation.
Furthermore, in accordance with the provisions of Article L122-1 of the French Consumer code, Maison Kayser reserves the right to refuse an order for a valid reason, which will be outlined to the Customer by email; such reasons include non-provision of all or part of the information needed to process and deliver the Products ordered and the temporary or permanent unavailability of the Products ordered.
5.8 All the information provided by the Customer is the Customer's sole responsibility. The Customer vouches for the truthfulness of the information provided. If the Customer makes a mistake when entering the information, Maison Kayser cannot be held responsible and will under no circumstances bear the costs caused by this error.
6-Right of withdrawal
The cooling-off period is only applicable to consumer Customers. It does not apply to all Products. It does not apply to perishable Products. For non-perishable Products, e.g. books, in accordance with Article L121-20-12 of the French Consumer Code, the Customer has a fourteen (14) day cooling-off period from the date of receipt of the Product order. Any non-perishable Product returned must be sent by post within fourteen (14) days of receipt of the Product(s) in question. It is the Customer's responsibility to retain proof of the date of receipt of the Products. The Customer must also provide a reason for returning the Products at the request of the Maison Kayser Internet Customer Service team. Products can only be returned if they are resalable (i.e. complete, in good condition and in their original packaging) and accompanied by their purchase invoice. Products should be returned in suitable packaging to protect them during transportation to Eric Kayser, 4 rue de l'Echelle, 75001 Paris, France.
Customers who exercise their right of withdrawal will not incur any penalty; however, they will be liable for the cost of returning the Products.
They will be reimbursed no later than 30 days following the date on which they exercise their right of withdrawal; the withdrawal form is available at the end of these T&Cs.
The Products offered on the Website are subject to stock availability. The availability of a particular Product is indicated at the time the order is placed.
An unavailable Product with be withdrawn from the Product catalogue as quickly as possible. If an item is out of stock, Maison Kayser will contact the Customer by telephone or email as quickly as possible to arrange either a later delivery date when the item is back in stock or to replace the Product with another Product of an equivalent quality and price.
Products are paid for online via the Website by bank card (e-Carte Bleue, debit card, VISA, VISA Electron, Maestro, MASTERCARD) using the secure payment system SYSTEMPAY, which encrypts the information to protect all data linked to personal information and payment methods. Bank card payments are immediately validated.
The Customer guarantees to Maison Kayser that the payment method used is valid and not the result of fraudulent activity.
The order must be paid in full to be accepted. Unpaid orders cannot be processed.
Prices are shown in euros and include VAT at the rate applicable on the day the order is placed. Any change to the applicable VAT rate will automatically be applied to the prices of the Products on the Website.
Prices do not include any delivery costs. Delivery costs are indicated on the Website on the day the order is placed and communicated to the Customer before the order is confirmed. The delivery costs depend on the delivery method chosen (home delivery by post or courier or in-store pick-up), the geographical area and the weight and volume of the package.
An invoice will be created by Maison Kayser for each order.
It will be provided to the Customer when the Products are collected in store or delivered by post or courier, whichever is applicable. The Customer can also download the invoice from his or her customer account in the case of a postal delivery.
11.1 Delivery will be made by the Customer's chosen method as per the options available (for example, iced products cannot be delivered by post): either delivered to home by post or courier or collected in store.
Customers who choose in-store pick-up as their delivery method expressly agree not to consume the Products ordered in the store selected as their pick-up point.
11.2 Home deliveries are limited to mainland France (excluding Corsica) as per the delivery times indicated when the Customer places the order. Orders with a PO box as the delivery address will not be accepted or processed.
The Customer is responsible for correctly providing the recipient's name and address details. These details must be accurate, correct and complete so that delivery can be made under normal conditions. Maison Kayser can in no way be held responsible for deliveries returned due to an error in the address or an inability to deliver to the address indicated. If a delivery address is incomplete or inaccurate, Maison Kayser reserves the right to contact the Customer directly by telephone to ascertain the missing information, provided the telephone number is correct and the Customer is available.
Any change to the Customer's address will require the invoice to be reissued.
11.3 Postal deliveries are undertaken by the company Chronopost or Colissimo via standard or express delivery, depending on the Customer's choice. Delivery times are calculated from the time of order confirmation (Customers are advised that depending on Product availability, delivery times may be extended by one or two days, especially during holiday periods). Deliveries cannot be requested or made on Saturdays, Sundays, Mondays, public holidays or the day before a public holiday, and Colissimo does not deliver on Tuesdays.
Maison Kayser cannot be held responsible for Chronopost's or Colissimo's failure to comply with the delivery times indicated.
If the Customer is absent when the Products are delivered and there is no-one else to take receipt of the delivery, a card will be left for the Customer, inviting him or her to collect the order from a post office.
11.4 Courier deliveries:
- by bike are between 9.30am and 12.00pm and 2.30pm and 7.30pm. They may be on a Saturday or Sunday (but not on a public holiday) if the order is placed by the Customer between Monday and Friday at least 30 minutes before store closing. If the Customer is not at home, the Products will be returned to the store. In this case, it is the Customer's responsibility to contact the Maison Kayser Internet Customer Service team to find out how and under what conditions the undelivered Products can be collected. Maison Kayser cannot be held responsible for the traffic conditions that couriers encounter. The delivery time chosen by the Customer should only be considered a guide.
- by car are between 8.00am and 12.00pm and 2.30pm and 7.30pm. They may be on a Saturday (but not on a public holiday) if the order is placed by the Customer between Monday and Thursday. If the Customer is not at home, the Products will be returned to the store. In this case, it is the Customer's responsibility to contact the Maison Kayser Internet Customer Service team to find out how and under what conditions the undelivered Products can be collected. Maison Kayser cannot be held responsible for the traffic conditions that couriers encounter. The delivery time chosen by the Customer should only be considered a guide.
11.5 It is the Customer's responsibility to check the order on receipt and express any justified reservations, or even refuse the package if it has been opened or shows signs of damage.
11.6 To collect the order in store, the Customer must take the email confirmation and a form of ID to the store on the day the order is ready at a time chosen by the Customer.
If the Customer has appointed a third party to pick up the order, this third party must provide the Customer's order confirmation, a copy of the Customer's identity document and their own identity document.
The Customer must check that the order is correct and that the Products are in good condition before leaving the store. If the Products are for a recipient other than the Customer, the Customer must make sure that the recipient in question checks that the order is correct and the Products are in good condition before leaving the store. Once the order has left the store, the Customer or his or her authorised representative acknowledges that it is complete, correct and undamaged.
If the Customer does not show up on the day and time indicated, Maison Kayser will only keep the order until store closing time on the same day. After this time, no forgotten order can be reimbursed or replaced.
11.7 Late deliveries will not incur any form of compensation or interest. Maison Kayser is committed to fully meeting customer expectations. If a Customer wishes to make a complaint, it should be emailed to the Maison Kayser Internet Customer Service team at firstname.lastname@example.org. All complaints must be received within 2 business days of the order delivery date to be taken into consideration.
Maison Kayser guarantees to the Customer that Products are produced and packaged in accordance with strict quality standards and stored as per the regulations applicable in France. However, Maison Kayser cannot guarantee its Products if the Customer does not adhere to the optimal storage conditions or consumes the Products after the best-before date indicated on the packaging.
The Customer's attention is drawn to the following:
- "Any action resulting from non-compliance must be brought by the buyer within two years of delivery of the goods" (Article L211-12 of the French Consumer Code).
- "Any action resulting from hidden defects must be brought by the buyer within two years of discovering the defect" (Article 1648 of the French Civil Code).
The Product descriptions and photographs on the Website show the Products as they are prepared and supplied to Customers. Maison Kayser prepares its Products with the utmost skill and care. As they are hand-prepared the traditional way, slight differences or variations may be noticed between the Products shown and the Products delivered. However, these differences alone are not sufficient reason to hold Maison Kayser liable.
Maison Kayser cannot be held liable for any change to the quality of Products after delivery resulting from the way they have been stored, handled and/or used by the Customer, or for any other reason outside of Maison Kayser's control.
Maison Kayser can only be held liable in respect of actual, direct, personal and unequivocal damage caused to the Customer by the Products, which the Customer must prove is due to the failure or fault of Maison Kayser.
Any notices or communications provided for in the Contract will be sent as follows:
- For the Company: by post to MAISON KAYSER - Customer Service - 88 boulevard de Saint-Michel - 75006 PARIS or by email to email@example.com.
- For the Customer: by post or by email to the address given to the Company when the order was placed.
If one or more Parties fails to fulfil all or part of its obligations, it cannot be held liable if this failure is due to force majeure as per the French Court of Cassation law and case law. The Parties agree that the following are considered cases of force majeure: outage, breakdown, hacking, sabotage of telecommunications supply and/or energy supply, terrorist attack, epidemic, damage, riot, war, civil war and total or partial strike or lock-out affecting one of the Parties or its suppliers, service providers and/or sub-contractors, and any ban or restriction on provision of communication services introduced by government bodies.
Any case of force majeure suspends the obligations arising from the Contract for the duration of its existence. However, if the case of force majeure lasts for more than thirty (30) consecutive days, it entitles either Party to automatically trigger the termination of the Contract eight (8) days after sending a registered letter with request for receipt advising of this decision.
16- Storage and filing
The Company files order and invoices on a reliable, sustainable medium in such a way as to constitute a faithful copy in accordance with the provisions of Article 1379 of the French Civil Code.
French law is the only law applicable to the Contract concluded between the Parties, excluding conflict-of-law rules. For any dispute arising from the interpretation or application of the T&Cs or fulfilment of an order, the competent court will be, pursuant to Article 42 of the French Code of Civil Procedure, the one in the place in which the responding party is resident or, pursuant to Article 46 of the French Code of Civil Procedure, the place in which actual delivery is made.
18- General provisions
18.1 In accordance with the provisions of Articles L152-1 and the French Consumer Code, the consumer Customer may make free use of a consumer mediator to help resolve any dispute with the Company. The Customer must demonstrate to the mediator that an attempt has been made to resolve the dispute with the Company, either by sending a registered letter to the Company's head office or by leaving a message in the "Contact" section of the Website.
18.2 The fact that at a given time one of the Parties did not insist that the other Party fulfil its obligations in full or did not not enforce any one of the provisions of these T&Cs shall under no circumstances be considered a waiver of future enforcement of that right.
18.3 The invalidity or inapplicability of any of the Contract provisions will not affect the other provisions. However, in this instance the Parties must, insofar as is possible, replace the cancelled provision by a valid provision in line with the spirit and purpose of the Contract. By default, the provision will be deemed unenforceable and the other provisions will remain in effect.
The following withdrawal form is to be printed out or copied onto plain paper, completed, signed and returned to TALEK
88 Boulevard Saint-Michel,
25 Avenue de l'Observatoire
Dear Sir or Madam
I hereby advise you of my decision to cancel my order for the following products/services*: _________________ placed on ___________ on the website www.maison-kayser.com/ received on _____________*.
* Delete as appropriate