Terms of Sales
|
IMPORTANT These General Terms and Conditions apply only to Orders placed electronically with the Merchant as identified above on its online store accessible via the Site, by a User, understood as a consumer within the meaning of the introductory article of the Code of consumption. The Merchant may modify its General Terms and Conditions at any time. The applicable General Terms and Conditions are those appearing on the Site at the time of the Order. Any Order placed by the Buyer on the Site implies full and unreserved acceptance of these General Terms and Conditions. Only these General Terms and Conditions govern the contractual relationship between the Merchant and the Buyer, to the exclusion of any other contractual document. |
1 - DEFINITIONS
Each term starting with a capital letter and used in the singular as well as the plural in this contract and any annexes has the meaning indicated in its definition given in this article, identical terms used without capital letters being considered in their current meaning.
“ Buyer ” or “ Customer ” means any User ordering or having ordered a Product on the Site.
“ Shop ” designates the place of collection of a Click & Collect Order. The addresses of the Stores are referenced in the Appendix to these General Terms and Conditions.
“ Click & Collect ” designates the method of delivery of the Order consisting for the Customer of collecting the Order from the Store.
“ Order ” means an order concluded by the Customer on the Site and the purpose of which relates to the delivery of one or more Products by the Merchant.
“ Customer Account ” designates, on the Site, the space in which the Customer can, once identified using their Identifiers, provide information relating to their identity (surname, first name, email, address) and obtain information about their Orders placed in progress.
“ General Conditions of Sale ” or “ CGV ” designate this contractual document as well as its possible annexes.
“ Product Sheet ” designates, on the Site, the space in which a User can access information relating to a Product from the Merchant, and place an Order.
“ Credentials ” means the email and password provided by the Customer when registering on the Site. The Identifiers must be kept confidential by the Client. In particular, they allow the Customer to access their Customer Account.
“ Parties ” together refer to the Merchant and the Buyer.
“ Product ” means a good referenced on the Site and which the Merchant offers for sale.
“ Site ” refers to the online sales site https://www.chocolats-pralus.com/ which allows the Merchant to manage the marketing of its Products by shipping Orders or collection via Click & Collect.
“ Merchant ” refers to the Party identified in the preamble.
“ Territory ” means the geographical territory in which the Merchant undertakes to make its Products available. This territory is determined in the Territory article.
“ User ” means, under the Consumer Code, any consumer browsing the Site.
2 - PURPOSE AND SCOPE OF APPLICATION
The purpose of these General Terms and Conditions is to determine the contractual conditions applicable to the sale of Products by the Merchant whose Orders are placed on the Site by the Customer.
These General Terms and Conditions apply only to orders placed electronically on the Site, with the Merchant, by any natural person of legal age, acting as a consumer within the meaning of the introductory article of the Consumer Code, this condition being a quality essential to the Customer’s person.
These General Conditions of Sale are therefore not applicable to professionals within the meaning of the introductory article of the Consumer Code, who are invited to contact the Merchant at the address cdavid@chocolats-pralus.com (for France) or export@chocolats-pralus.com (for international).
Consequently, in the event that a professional nevertheless places an order on the Site, the Merchant will be entitled to refuse it or to claim the nullity of the contract for error regarding the essential status of the co-contractor.
3 - TERRITORY
The Territory in which the Merchant undertakes to fulfill its obligations arising from an Order is as follows: Worldwide except Russia and Belarus.
By way of derogation from the above, geographical delivery limitations may be applied to certain Products. Where applicable, these limitations are specified on the Product sheet.
4 - PRE-CONTRACTUAL INFORMATION
The sales catalog of the Merchant's Products is accessible on the Site. The Merchant communicates to the Customer in a legible and clear manner, on each Product Sheet, the information relating to its Products, in particular:
- the nature and characteristics of the Product;
- details of the materials making up the Products and their origin;
- the elements for determining the price of the Products;
The Customer may contact the Merchant in writing or by telephone using the contact details mentioned at the start of these General Conditions of Sale, to request any additional information on the Products.
When the Customer contacts the Merchant in writing, the Merchant undertakes to respond in writing to the Customer's requests according to the deadlines and methods described in the “Customer Service” article.
Before placing an Order, the Customer acknowledges having read all the written information appearing on the Product Sheet.
Consequently, only the written information provided by the Merchant on the Product Sheet must be taken into account by the Customer.
The Customer undertakes to provide accurate and complete information concerning himself or any third party on whose behalf the Customer places an Order, particularly the data necessary for his identification.
5 - AVAILABILITY OF PRODUCTS
The availability of Products offered by the Merchant is displayed on the Product Sheets.
Ordering a Product is possible within the limits of stocks available at the Merchant.
The Merchant undertakes to make its best efforts to ensure that the displayed availability of the Products is real (Products actually present in its stock).
The Merchant, however, draws the Customer's attention to the fact that, in rare cases, a Product indicated as available and ordered by the Customer could prove to be unavailable (example: concurrent sale to another Buyer on the Site, or sale made prior to the Customer's Order in the Merchant's physical store).
In such a case, the Merchant will contact the Customer to find out if the latter wishes:
- either cancel your Order for the Product concerned;
- either wait for the Merchant to be restocked with the Product, subject to the possibility of subsequent availability from the Merchant and acceptance of the availability period proposed by the Merchant.
In any case, the Merchant will not invoice the Customer for a Product as long as it is unavailable.
6 - RESERVATION OF OWNERSHIP:
The Products will remain the property of the Merchant until full payment of the price by the Customer.
7 - INFORMATION RELATING TO PRICES AND APPLICABLE FEES
The prices displayed on the Site are expressed in Euro and include applicable taxes (French VAT if applicable).
The Order of a Product may include provision costs (in particular but not only shipping costs or customs duties) which will be summarized at the time of placing the Order, as well as in the Order confirmation sent to the Customer .
8 - ORDER TERMS
8.1: Choice of products.
To add an item to their shopping cart, the Customer must:
- Access the Product Sheet presenting the subject of the Order;
- Check the suitability of said item for its needs, based on the characteristics detailed on the Product Sheet;
- Check that the Product is available.
When the item is available, the Customer must click on the button to add the item to their shopping cart.
8.2. Placing the Order.
8.2.1. Order made available via Click & Collect.
To choose to make their Order available via Click & Collect, the Customer clicks on the button provided for this purpose on the top banner of the Site.
The Customer will then be redirected to the Click & Collect interface of the selected Store.
The Customer chooses the Products making up his Order in order to complete his shopping cart.
To validate his Order, the Customer must click on a first button to validate his Order (first click).
The Customer must then check the details of their Order which are displayed in their shopping cart, the quantities, prices, any applicable costs and terms.
The Customer must also choose their payment method and possibly fill in additional information related to this payment method.
To confirm his Order, the Customer must validate it again, by:
- checking a box certifying acceptance of these General Terms and Conditions;
- clicking again (second click) on an Order validation button reminding them that their Order entails a payment obligation.
An Order collected via Click & Collect does not require the creation of a customer account.
8.2.2. Order on the Site for home delivery.
On the site :
- the Customer chooses the Products making up his Order in order to complete his shopping basket;
- the Customer must access their shopping cart;
- to validate their Order, the Customer must click on a first button to validate their Order (first click). To continue validating the Order, the Customer must first be connected to their Customer Account:
- if he already has a Customer Account, the Customer must identify himself using his Identifiers;
- if he does not have a Customer Account, the Customer must create one by following the registration procedure provided by the Site.
The Customer must then check the details of their Order which are displayed in their shopping cart, the quantities, prices, any applicable costs and terms.
The Customer must also choose their payment method and possibly fill in additional information related to this payment method.
To confirm his Order, the Customer must validate it again, by:
- checking a box certifying acceptance of these General Terms and Conditions;
- clicking again (second click) on an Order validation button reminding them that their Order entails a payment obligation.
8.3. Processing the Order.
Once the Order has been validated by the Customer, the Customer will receive an Order confirmation email to acknowledge receipt of the Order placed.
The Merchant nevertheless reserves the right not to process the Order for any legitimate reason, in particular:
- when the Customer is outside the scope of these terms, as defined in the article “Purpose and Scope”;
- when payment of the total price of the Order has not been made by the Customer or their payment has been rejected by the organization managing their means of payment;
- when the item ordered is not or no longer available, in accordance with the “Product Availability” article of these General Terms and Conditions;
- when for an extrinsic reason, the Merchant finds himself unable to access his premises or use his production/manufacturing equipment;
- when at the time of processing the Order, the Merchant notices a material error between the displayed price and the actual price, in accordance with the article “Error on prices” herein or a material error on the price displayed making the price derisory within the meaning of article 1169 of the civil code.
9 - PAYMENT
The Customer undertakes to pay the price of any Order placed with the Merchant.
Any failure to pay will authorize the Merchant to take advantage of contractual non-performance authorizing him to terminate the contract, according to the terms provided for in the “Resolution” article.
9.1. Payment terms
The customer can pay for his Order by credit card.
In the case of a Click & Collect Order withdrawal, the Customer can choose to pay for their Order in Store.
9.2. Payment Terms
Payment for the Order will be required, in Euro.
9.3. Bill
Once payment has been made, the Customer will receive an invoice in their name detailing their Order.
The Customer accepts that invoices will be communicated to him in electronic format, by sending an email and/or by making them available on his Customer Account.
10. PRICE ERROR
In the event of a material error between the price displayed on the Site and the actual price charged by the Merchant, the Merchant may, following confirmation of the Order, in any case before any actual payment of the price of the Order, contact the Customer for:
- in the event of a real price lower than the price displayed on the Site: inform the Customer that the price to pay is in reality lower and that the Customer will be billed at the lowest price;
- in the event of a real price higher than the price displayed on the Site: inform the Customer, when the price to be paid is derisory within the meaning of article 1169 of the Civil Code, that the price to be paid is in reality higher and ask the Customer to he agrees to pay this real price or if he prefers to partially or totally cancel his Order.
In any case, if the material error in the price of an Order renders its price derisory, the Merchant may request the cancellation of the Order concerned.
11. DELIVERY OF THE ORDER
11.1. Time limit
The Merchant will fulfill its obligation on the date or within the period which was indicated to the Customer when placing the Order on the Site.
Unless expressly stipulated otherwise by the Merchant, delivery times run from validation of the Order and provided that payment for the Order has been accepted (example: receipt of payment, or bank authorization received)
11.2. Shipping of the Order
11.2.1. Shipping deadline
In the absence of any indication or agreement between the Merchant and the Buyer as to the date of delivery or execution, the Merchant must deliver the Product without justified delay and no later than thirty days after conclusion of the Order.
As such, the Buyer is informed that once the Product has been entrusted to the carrier, the Merchant has no control over the processing times of the Order by the carrier.
Consequently, in the event of a delivery delay attributable to the carrier, the Buyer cannot call into question the Merchant's liability.
The Merchant and the Buyer may also mutually agree on a date or deadline for execution different from those indicated on the Site.
11.2.2. Provision of Products
The Products are delivered to the delivery address indicated by the Buyer at the time of validation of their Order.
No change of delivery address can be made after validation of the Order.
The information provided by the Buyer is binding on him: in the event of an error in the wording of his contact details or incomplete information, the Merchant cannot be held responsible for the impossibility of delivering the Product.
Any costs and delivery terms may vary depending on the Products ordered (their weight, dimensions, nature) as well as the choices made during the Order (choice of a carrier or a specific delivery offer).
This information is summarized at the time of confirmation of the Order.
11.3. Withdrawal of the Order in Click & Collect
The Merchant will make the Order available to the Customer in the Store on the date indicated when validating the Order.
In order to collect their Order, the Customer must present to the Merchant:
- an ID ;
- the reference of his Order.
Before leaving the Store, the Customer will then carry out the usual checks to ensure the conformity of the Products to those which were the subject of the Order.
In the event of an error, the Customer will notify the Merchant before leaving the Store; the Merchant will then give him an Order conforming to that placed on the Site.
11.4. Transfer of ownership
The transfer of ownership of the Product, subject of the Order, only occurs upon unreserved receipt of the Product by the Buyer.
11.5. Risk transfer
The risk of loss or damage to the Products is transferred to the Buyer upon receipt of the Product without reservation.
The Buyer undertakes to receive the Products which have been delivered to him.
In the event of missing or damaged Products upon delivery, the Buyer must:
- wherever possible, immediately issue reservations in store (as indicated in article 11.3), or on the delivery slip provided by the carrier, or by immediately calling the carrier's customer service in the presence of the delivery person;
- in all cases, report it to the Merchant by contacting him using the contact details indicated at the start of these General Terms and Conditions.
12 - RESOLUTION
12.1. At the initiative of the Buyer
In the event of non-compliance with the dates of execution of the obligations incumbent on the Merchant, the Customer may cancel the Order under the following conditions:
- The Customer must first instruct the Merchant, by registered letter with acknowledgment of receipt or in writing on another durable medium, to fulfill his obligation.
- The Customer must allow the Merchant a reasonable additional period of 7 to 10 working days to comply.
- If the Merchant has not complied within an additional period set at 3 working days from receipt of the first letter, the Customer may inform the Merchant, by registered letter with acknowledgment of receipt or by email, that it resolves the Order.
The Order will then be considered resolved upon receipt by the Merchant of the letter or writing informing him thereof.
This clause will however not apply if, in the meantime, the Merchant has complied.
The Customer may also immediately terminate the Order in the event that the Merchant refuses to deliver it.
In any event, when the Order is resolved under the conditions provided for in this article, the Merchant will reimburse the Customer for all sums paid, at the latest within fourteen days following the date on which the Order was resolved by the Customer.
12.2. At the initiative of the Merchant
These General Conditions of Sale may be terminated automatically, at the initiative of the Merchant, without prior intervention of the judge, in the following cases:
- non-payment of the price of an Order (refusal by the Customer or rejection of their means of payment by their banking establishment);
- lack of quality of Client as defined in the article “Purpose and Scope”.
Rescission may be requested solely because of non-performance by the debtor Party or its failure to comply with an obligation not to act, without there being any need for formal notice to be imposed on the creditor Party.
Apart from the cases provided for in this article, termination of the contract may in any case be requested in court.
13 - RIGHT OF WITHDRAWAL
13.1. Principle
In accordance with the provisions of articles L. 221-18 et seq. of the Consumer Code, the Customer has a period of fourteen working days from the day of the Order to exercise his right of withdrawal without having to justify reasons or to pay penalties.
13.2. Exceptions
The Merchant draws the Customer's attention only in accordance with the provisions of Article L. 221-28 of the Consumer Code “The right of withdrawal cannot be exercised for contracts: (…)
4° Supply of goods likely to deteriorate or expire quickly;
Consequently, the Customer acknowledges that any order for a Product constituting a foodstuff de facto excludes his right of withdrawal for the Product concerned.
13.3. Conditions for exercising the right of withdrawal
The Consumer Code allows each consumer or non-professional having this quality to exercise their right of withdrawal without any reason within fourteen (14) days following delivery of the Product to the Customer or by a third party designated by them.
If the expiration of this period occurs outside of a working day, the period is extended until the first following working day inclusive.
To exercise his right of withdrawal, the Customer must inform the Merchant, within the period of 14 days mentioned above, by sending him the form below duly completed by email to the address:
- contact@chocolats-pralus.com, for an Order delivered to your home;
- clickandcollect@chocolats-pralus.com, for a Click & Collect Order to be collected in the Store.
WITHDRAWAL FORM
The Customer can complete the form using the Appendix to these General Terms and Conditions
To the attention of the company ___________________
Phone : _________
E-mail : _____________
I, the undersigned, ______________ hereby notify you of my withdrawal from the contract relating to all or part of the Order referenced below:
Order Reference
Invoice number:
Order number:
- Ordered on [____________] / received on [________________]
- Payment method used:
- Product(s) concerned by the exercise of the right of withdrawal:
- Name of the Customer and, where applicable, the beneficiary of the Order:
- Customer Address:
- Delivery address / Store in which the Order is collected:
- Signature of the Customer (except in the case of transmission by email)
- Date
____________________________________________________________
The Merchant will acknowledge receipt in writing and:
- will communicate to the Customer the address to which the item must be returned to the Merchant;
- or inform him that one of the legal exceptions mentioned above deprives him of the possibility of exercising his right of withdrawal.
The Customer must, at the latest within fourteen days following the Merchant's response to his withdrawal, return the Products concerned in their packaging and in undamaged condition.
The Merchant draws the Customer's attention to the fact that the Customer fully bears the costs of returning the Products - which will therefore not be reimbursed to him - except, when due to their nature, the Products cannot normally be returned by the Job.
The transport of Products thus returned is the responsibility of the Customer. Any damage suffered by the Products on this occasion is likely to frustrate the Customer's exercise of the right of withdrawal.
The Merchant will reimburse the Customer for the entire price corresponding to the Product for which the Customer exercised his right of withdrawal.
This reimbursement will also cover delivery costs, unless the Customer has opted when placing the Order for a more expensive delivery method than the standard delivery method offered by the Merchant.
Reimbursement will be made using the same means of payment as that used by the Customer for the Order, unless the Merchant and the Customer agree to use another means of payment.
The Merchant will reimburse the Customer after receipt of the returned Products and verification of the absence of any damage.
The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products. In this case, no refund will be due to the Customer.
14 - GUARANTEES
14.1 Guarantee against hidden defects
For Products purchased on the Site, the Merchant is liable for hidden defects in the item sold under the conditions provided for in articles 1641 et seq. of the Civil Code.
It is recalled that the Customer can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and that in this case he can choose between canceling the sale or reducing the price. sale price in accordance with article 1644 of the civil code.
Reminder of applicable legal provisions:
Article 1641 of the Civil Code "The Merchant is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them."
Article 1648 paragraph 1 of the Civil Code "The action resulting from redhibitory defects must be brought by the buyer within 2 years from the discovery of the defect."
14.2. Legal guarantee of conformity
For Products purchased on the Site, the Merchant is responsible for defects in conformity of the goods under the conditions of Article L. 217-4 et seq. of the Consumer Code.
Please note that as part of the legal guarantee of conformity, the Customer:
- benefits from a period of two years from the delivery of the property to take action;
- can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods.
Reminder of applicable legal provisions:
Article L.217-4 of the Consumer Code "The Merchant is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, instructions assembly or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."
Article L.217-5 of the Consumer Code “The good complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the Merchant and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the Merchant, by the producer or by its representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the Merchant and which the latter has accepted. »
Article L.217-12 of the Consumer Code "The action resulting from the lack of conformity is prescribed 2 years from the delivery of the good."
Article L.217-16 of the Consumer Code "When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restitution condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period begins from the request for intervention by the buyer or the. made available for repair of the property in question, if this provision is subsequent to the request for intervention."
14.3. Implementation of a guarantee
To benefit from a guarantee for a Product purchased from the Merchant, the Customer must contact the Merchant using the electronic or postal contact details listed in the “Customer Service” article, or go directly to the Merchant’s store at the address indicated.
In order to optimize the processing of requests, the Customer is asked to indicate on their request:
- their last name, first name, email with which the Order was placed;
- the number of the Order concerned;
- the references enabling the disputed Product to be identified.
As part of the implementation of a guarantee, the conditions of support for the Product may vary depending on the agreements concluded between the Merchant and the suppliers or manufacturers of the Product in dispute.
15. BEHAVIOR TO ADOPT IN ALL CIRCUMSTANCES
The Parties undertake, within the framework of their relations, to respect all of these General Terms and Conditions as well as all laws and regulations in force.
The Parties undertake in particular, without this list being exhaustive, to:
- prohibit, in all circumstances, the use of discourteous, insulting, defamatory, denigrating, racist, xenophobic, pornographic comments or, in general, contrary to public order and good morals;
- respect the image and reputation of the Parties and not harm their interests;
- do not send unsolicited messages (“spamming”);
- not impersonate any third party and/or attempt to use the Customer Account of another Customer.
16. LIABILITY / FORCE MAJEURE
The Parties cannot be held responsible in any way for a contractual non-performance under these General Terms and Conditions which originates or occurs due to an event of force majeure in accordance with article 1218 of the Civil Code, i.e. say an “event beyond the control of the debtor, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the execution of his obligation by the debtor”.
In all cases, the Merchant cannot be held responsible towards the Customer for any indirect damage arising in the execution of these General Terms and Conditions.
The Merchant cannot be held liable for non-compliance of the Product with the legislation of the Customer's country, who is responsible for verifying whether the Product is not prohibited for sale in his country.
17. PERSONAL DATA
The nominative information and personal data that the Buyer has provided directly or indirectly to the Merchant are necessary for the execution of these General Conditions of Sale and present a legitimate interest for the Merchant in order to enable it to manage the Orders, the execution of contracts, the delivery of Products, the commercial relationship, customer service, after-sales service, processing of complaints.
As responsible for processing its customer file, the Merchant may be required to transmit this personal data to recipients or subcontractors responsible for processing them for the purposes described above.
The Merchant's privacy policy can be consulted at the following address.
The Buyer has at any time a right of access, rectification, opposition, deletion, limitation, portability, to personal data which he may exercise with the Seller, by writing to him. Any request for the exercise of his rights by the Buyer must be signed and possibly accompanied by a copy of a valid identity document if the Seller requests it.
The Buyer also has the right to contact the competent authority responsible for the protection of personal data (in France, the CNIL, www.cnil.fr ).
18. INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or other intellectual property rights.
The brands, logos, designs and models appearing on the Site are the exclusive property of the Merchant. Their disclosure cannot in any way be interpreted as granting any license or right to use any such trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting.
Thus, none of the documents from the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever without the express, prior written authorization of the Merchant.
However, it is possible for the Buyer to download a copy of the documents on a computer for his personal use and only for non-commercial purposes, provided that he does not modify the information contained and keeps intact any proprietary notice. Modification of these documents or their use for another purpose constitutes an infringement of the intellectual property rights of the Merchant.
If the Buyer has a personal website and wishes to place a link directly to a page of the Site for personal use, the Buyer must request authorization from the Merchant. This will in no case be an implicit affiliation agreement.
On the other hand, any hypertext link referring to the Site and using the framing or in-line linking technique is strictly prohibited. In all cases, any link must be removed upon simple request from the Merchant.
19. MISCELLANEOUS PROVISIONS
19.1. Modification of the T&Cs
The applicable General Terms and Conditions are those in force at the time of the Order.
In the event of modification, the new version of the Conditions will apply to Orders placed from its entry into force.
It is therefore up to the Customer to consult the Conditions in force before any Order and to formally accept them.
19.2. Translation of the Conditions
If these General Conditions of Sale are drafted in several languages or translated, only the French version will be authentic.
19.3. Customer service
The Merchant provides the Customer with a centralized customer service to respond to any request for information on its Products as well as to process any commercial complaints.
The Customer can contact the Merchant using the following contact details:
- by mail : 34, rue Général Giraud 42300 Roanne
- by telephone: 04 77 68 99 40.
- by email :
- contact@chocolats-pralus.com, for any questions regarding the operation of the Site; Or
- clickandcollect@chocolats-pralus.com, for any questions regarding Click & Collect
The telephone number indicated is not surcharged but may be billed by the User's telephone operator at the normal rate.
The Merchant's customer service is open Monday to Saturday from 8:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m.
The Merchant will make its best efforts to respond:
- within 10 working days to the Customer's requests for information;
- within 10 working days for complaints.
19.4. Retention of Conditions
The Merchant ensures the conservation of the Conditions concluded with the Customer for a period of 10 years, when the Order is for an amount greater than €120 and communicates them to him upon simple request, in accordance with the provisions of article L. 213-1 of the Consumer Code.
19.5. Proof Convention
Each of the Parties undertakes to recognize a probative value equivalent to that of a paper document to any electronic document or any information exchanged between them through their electronic correspondence or the communication tools made available to them on the Site as well as 'to any computerized data stored, accessible or generated by the Site and relating to their pre-contractual relationship (information made available to the Customer, Customer needs expressed to the Merchant, etc.) such as their contractual relationship (date and content of processing emails Orders, complaints issued, etc.).
The Parties waive, except for proven computer fraud of the information systems used or willful human falsification, the right to rely on any unenforceability, inadmissibility or nullity of proof which would be reported using the aforementioned documents or information.
19.6. Waiver
The fact that either Party does not claim the application of any clause of the General Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by that Party. to the rights which arise for it from the said clause.
19.7. Partial nullity
The cancellation of one of the stipulations of the General Terms and Conditions will not result in the cancellation of these terms as a whole, unless the disputed stipulation cannot be considered, in the minds of the Parties, as substantial and decisive, or its cancellation calls into question the general balance of the General Terms and Conditions.
19.8. Applicable law and attribution of jurisdiction
19.8.1. Applicable law
These General Terms and Conditions are subject to French law, subject only to the public order provisions of the law of the State of which the Customer is a national.
19.8.2. Attribution of competence
All difficulties of interpretation, execution and all disputes relating to these General Conditions of Sale and more generally to access to the Site must first be the subject of an attempt at an amicable resolution between the Customer and the Merchant.
19.8.3. Prior mediation
In the event of a persistent dispute with the Merchant, the Customer having the status of consumer has the right to have free recourse to a consumer mediator with a view to seeking an amicable resolution of the dispute.
Dispute resolution may be sought through the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr/
If the Parties are unable to resolve their dispute amicably, the “Continuing Dispute” article will then apply.
19.8.4. Continuing dispute
In the event of a persistent dispute after mediation, the Customer having the status of consumer may refer, under article R.631-3 of the Consumer Code, one of the territorially competent courts under the Code of Civil Procedure, or the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
Appendix – Merchant Identification
When you are a Customer, this Appendix allows you to identify the Merchant (Pralus group company) responsible for your Order.
1. IF YOU OPT FOR HOME DELIVERY OF YOUR ORDER
SA PATISSERIE CHOCOLATERIE PRALUS, simplified joint stock company with share capital of €216,000, whose head office is located at 34, rue Général Giraud in Roanne (42300), registered in the Roanne Trade and Companies Register under number 394 627 913, represented by François Pralus as President.
How to contact the Merchant:
Telephone number: 04 77 68 99 40;
Email: contact@chocolats-pralus.com;
Address: 34, rue Général Giraud 42300 Roanne
2. IF YOU OPT FOR CLICK & COLLECT IN-STORE PICK-UP
2.1. If you choose to collect a Click & Collect Order in the Roanne or Renaison Boutiques
PRALUS ROANNE, limited liability company with share capital of €600,000, whose head office is located at 34 RUE GENERAL GIRAUD 42300 ROANNE, registered in the Roanne Trade and Companies Register under number 822 757 191, represented by François Pralus as Manager.
How to contact the Merchant:
- Boutique at 8, rue Charles de Gaulle 42300 Roanne: 04.77.71.24.10
- Boutique at 35, Halles Diderot 42300 Roanne: 04.77.67.69.02
- Boutique des Halles rue de Gruyère 42370 Renaison: 04.77.62.15.86
Or by email to: clickandcollect@chocolats-pralus.com
2.2. If you choose a Click & Collect Order pickup in the Montbrison, Saint Etienne or Clermont-Ferrand Boutiques
PRALUS FOREZ AUVERGNE, single-member simplified joint stock company with share capital of €15,293, whose head office is located at 14 RUE TUPINERIE 42600 MONTBRISON, registered in the Saint-Etienne Trade and Companies Register under number 888 667 235, represented by its President, the company SA PATISSERIE CHOCOLATERIE PRALUS, a simplified joint stock company with share capital of €216,000, whose head office is located at 34, rue Général Giraud in Roanne (42300), registered in the Trade and Companies Register of Roanne under number 394 627 913, represented by François Pralus as President.
How to contact the Merchant:
- Boutique at 14, rue de la Tupinerie 42600 Montbrison: 04.77.58.33.34
- Shop at 9, rue Michelet 42000 Saint Etienne: 04.77.30.26.03
- Boutique at 11, rue Blatin 63000 Clermont Ferrand: 04.73.40.23.68
Or by email to: clickandcollect@chocolats-pralus.com
2.3. If you choose to collect a Click & Collect Order from the Lyon or Tassin-la-Demi-Lune Boutiques
PRALUS LYON, single-member SARL with share capital of €9,114, whose head office is located at 32, RUE DE BREST 69002 LYON, registered in the Lyon Trade and Companies Register under number 800 633 620, represented by Francois Pralus in quality of Manager.
How to contact the Merchant:
- Boutique at 32, rue de Brest 69002 Lyon: 04.78.38.90.41
- Boutique at 3, Grande rue de la Croix Rousse 69004 Lyon: 04.72.07.76.07
- Boutique at 103, avenue des Frères Lumière 69008 Lyon: 04.78.75.08.93
- Boutique at 27 rue Saint Jean 69005 Lyon: 04.78.62.74.09
- Boutique at 75-77, avenue de la République 69160 Tassin-la-Demi-Lune: 04.78.43.92.06
Or by email to: clickandcollect@chocolats-pralus.com
2.4. If you choose to collect a Click & Collect Order from the Paris PRALUS PARIS Boutiques,
Single-member SARL with share capital of €182,719, whose head office is located at 35, RUE RAMBUTEAU 75004 PARIS, registered in the Paris Trade and Companies Register under number 800 611 469, represented by Francois Pralus as Manager.
How to contact the Merchant:
- Boutique at 44, rue Cler 75007 Paris: 01.45.56.13.75
- Boutique at 35, rue Rambuteau 75004 Paris: 01.57.40.84.55
- Boutique at 9, rue des Petits Carreaux 75002 Paris: 01.40.13.16.45
Or by email to: clickandcollect@chocolats-pralus.com
2.5. If you choose a Click & Collect Order collection in the Sète or Valence Boutiques
PRALUS 7, limited liability company with share capital of €2,000, whose head office is located at 10 RUE PAUL VALERY 34200 SETE, registered in the Montpellier Trade and Companies Register under number 834 795 239, represented by François Pralus in quality of Manager.
How to contact the Merchant:
- Boutique at 10, rue Paul Valéry 34200 Sète: 04.99.04.12.49
- Boutique at 10, avenue Victor Hugo 26000 Valence: 04.75.77.35.32
Or by email to: clickandcollect@chocolats-pralus.com
2.6. If you choose to collect your Click & Collect order from the Dijon or Villefranche sur Saône stores
PRALUS BEAUJOLAIS BOURGOGNE, single-member SARL with share capital of €11,984, whose head office is located at 758, RUE NATIONALE 69400 VILLEFRANCHE-SUR-SAONE, registered in the Villefranche-Tarare Trade and Companies Register under number 413 350 240 , represented by François Pralus as Manager.
How to contact the Merchant:
- Boutique at 80, rue de la Liberté 21000 Dijon: 03.80.48.64.54
- Shop at 758, rue Nationale 69400 Villefranche sur Saône: 04.74.68.89.67
Or by email to: clickandcollect@chocolats-pralus.com
