Terms of Sales
These general conditions of sale are concluded between :
SAS PRALINE PARIS
Email: contact@pralineparis. com
Hereinafter referred to as “ The Seller ”
ON THE ONE HAND,
And :
Any person wishing to make a purchase via the Seller's website, at the address https://pralineparis.com/ ,
Hereinafter referred to as “ The Customer ” or “ The Buyer ”
ON THE OTHER HAND.
ARTICLE 1: PURPOSE
ARTICLE 2: SITE
ARTICLE 3: PRODUCTS
ARTICLE 4: PRICE
ARTICLE 5: PAYMENT
ARTICLE 6: ORDER
ARTICLE 7: DELIVERY
ARTICLE 8: PRODUCT EXCHANGE/RETURN: RIGHT OF WITHDRAWAL
ARTICLE 9: DATA PROTECTION
ARTICLE 10: LIABILITY – FORCE MAJEURE
ARTICLE 11: INTELLECTUAL PROPERTY
ARTICLE 12: COMMERCIAL OFFERS AND NEWSLETTERS
ARTICLE 13: CONTACT
ARTICLE 14: PARTIAL INVALIDITY
ARTICLE 15: ENTIRE AGREEMENT
ARTICLE 16: APPLICABLE LAW – COMPETENT JURISDICTIONS
LEGAL NOTICES
Article 1. PURPOSE
These General Conditions of Sale aim to define the contractual relations between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller's merchant site https://pralineparis.com, hereinafter referred to as PRALINE.
By these General Conditions of Sale, the Customer prohibits any purchase for resale, within the meaning of article L 110-1 of the Commercial Code.
The Customer must be at least 18 years old and have the legal capacity or hold parental authorization allowing him to place an order on the Site.
The acquisition of a product through the Site implies the full and complete acceptance by the Customer of these General Conditions of Sale. These will prevail over any other general or specific conditions of the Customer.
The Seller reserves the right to modify these General Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site.
These General Terms and Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.
Article 2: SITE
1.1 The pralineparis.com website is an e-commerce website accessible via the Internet at the address https://pralineparis.com/ and is open to any user of this network. It is published and distributed by SAS PRALINE PARIS, a limited liability company with a capital of 100 euros, registered in the Paris Trade and Companies Register under number 912 487 352 00011
1.3 Praline reminds that the products are exclusively dedicated to the personal use of the Buyer and this, without any direct relation to the professional activity of the latter. Praline reserves the right to refuse the execution of the order.
1.4 The Buyer declares to have full legal capacity.
1.5 Any order for a Product offered on the Site requires consultation and express acceptance of the General Conditions of Sale by checking the box provided for this purpose before any order. As a reminder, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to electronic signatures, Praline specifies that the validation of the order form as specified in Article 5.3 below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
1.6 The General Conditions of Sale aim to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
Article 3: PRODUCTS
a) Description of the Products
2.1 The Products offered by Praline are those which appear on the Site on the day of consultation by the User and within the limits of available stocks.
2.2 The products are described and presented with the greatest possible accuracy. The photographs illustrating the products, in support of the text, do not fall within the contractual scope. As such, if Praline attempts to represent as faithfully as possible the Products whose photos are displayed on the Site, color variations may occur; in particular due to the technical limitations of color rendering by computer equipment.
b) Availability of Products
2.3 Praline undertakes to honor orders received only within the limits of available stocks. In the event of unavailability of one or more Products, Praline undertakes to inform the User as soon as possible. Praline shall not be liable in the event of stock shortages or unavailability of Products.
2.4 The unavailability of the Product may be notified to the User: • when entering their order, they will be informed that the desired product is temporarily unavailable • after validation of their order by email sent to the Buyer by Praline.
2.5 In the event that payment has already been made, Praline undertakes to contact the Paypal and Stripe payment service to deduct the price(s) of the unavailable Product(s) from the amount debited from the Buyer's bank account.
c) Retention of title
2.6 The Products ordered remain the property of Praline until full payment of the price.
Article 4: PRICE
3.1 The prices indicated by the Seller at the time of the order are expressed in Euros including VAT, based on the VAT rate in effect on the day of the order. Any change in the rate will be reflected immediately in the price of the products offered.
3.2 The price invoiced to the Buyer is the price indicated on the order confirmation sent by email by Praline.
3.3 Praline reserves the right to modify its prices at any time and without notice. The Products will be invoiced on the basis of the rates in effect at the time the order is registered, subject to the availability of the Products. The current rate is that indicated on the Site, except for typographical errors for which Praline shall not be responsible.
3.4 The price is payable in full and in a single payment upon validation of the order.
3.5 Any unpaid amount will result in the invoicing of a fixed fee of 25 euros per payment incident. The data recorded by the Site constitutes proof of the transactions between Praline and the Buyer. The data recorded by the payment system constitutes proof of the financial transactions. The sale becomes final after acceptance of the transaction by the secure services.
THE ITEMS REMAIN THE ENTIRE PROPERTY OF PRALINE UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.
Article 5: PAYMENT
4.1 It is specified that all payments on the site can be made by bank card or via a Paypal account. Payment for purchases on the Site can be made from France or abroad in complete security, 24 hours a day, 7 days a week, by bank card belonging to the following networks: Carte Bleue, Visa, Mastercard, Maestro, Sofort, JCB
4.2 The user will enter their card number, its expiry date, the name of the cardholder and the visual cryptogram located on the back of the bank card.
4.3 Praline reserves the right to refuse to honor any order from a User with whom it is in dispute, of any nature whatsoever.
4.4 Praline uses the secure Stripe payment service. The integrity of the data exchanged between the Buyer and the secure Stripe platform is protected against hacking attempts. Confidential data is transmitted directly encrypted to the Stripe server, without ever passing through Praline's servers.
4.5 Stripe uses the encrypted SSL (Secure Socket Layer) exchange protocol and provides all the necessary assurances for Internet transactions.
4.6 Praline reserves the right to cancel any order which presents a risk of fraudulent use of a bank card.
Article 6: ORDER
a) Navigation within the Site
5.1 The User may freely browse the Site, without being committed to an order.
b) Recording an order
5.2 To place an order, the User must click on the “Add to Cart” button. Each new addition to their Cart will be indicated by the appearance of a specific screen.
5.3 At any time before confirming his order, the User may: • obtain a summary of the Products he has selected and modify his order, by clicking on the “Basket” link, • continue his selection of Products by clicking on “continue my purchases”, • complete his selection of Products and confirm the purchase by clicking on “order”.
5.4 To order the Products he has chosen, the User will click on the “order” icon and validate the purchasing process offered to him.
5.5 An order form will appear on the screen, summarizing: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order.
5.6 The User must identify himself by accurately completing the form provided for this purpose, on which he will include the information necessary for his identification: his first name, last name, email address, password, date of birth, delivery address and billing address.
5.7 The User is informed and accepts that entering his/her username constitutes proof of his/her identity and expresses his/her consent.
c) Final validation of an order
5.8 Validation by the User of his order on the Site entails acceptance of the General Conditions of Sale.
5.9 The User will then be invited to pay for their order by entering their bank details.
d) Confirmation of an order
5.10 When the Buyer confirms payment for their order, a summary is displayed with the transaction number. This summary is also sent by order confirmation email.
5.11 A shipping confirmation email is sent to the Buyer on the day the Products are shipped, containing the package tracking link.
5.12 Pursuant to Article L. 134-2 of the Consumer Code, when an order concerns an amount equal to or greater than 120 euros, Praline keeps the document which records the contract concluded between Praline and the Buyer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with Decree 2005-137 of February 16, 2005).
Article 7: DELIVERY
a) Delivery terms and times
6.1 The Products ordered are, at the Buyer's choice, delivered to any address anywhere in the world. Deliveries are made to the address indicated by the Customer for this purpose.
6.2 Orders are sent at the Buyer's choice via SoColissimo or UPS.
6.3 In both cases, the Buyer may check the tracking of his order on the Internet. Praline undertakes to make its best efforts to ensure that the order is executed within a maximum of thirty (30) days from the day following the validation of the order, except in cases of force majeure referred to in Article 9.
6.4 The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form or deposited at the Post Office on which the delivery address indicated by the Buyer depends, in the absence of the recipient of the Products. In the latter case, the postman will leave a calling card in the mailbox of the said recipient allowing the parcel to be collected during the working hours of the Post Office, within fifteen (15) days.
6.5 The delivery address must not be a PO box. The information provided by the Buyer when placing the order is binding on the Buyer. In the event of an error in the recipient's contact details, Praline cannot be held responsible for the impossibility of delivering the Product.
6.6 Shipping prices are calculated based on the weight of the package and the destination, according to the scales in force by the postal services. For any delivery outside mainland France, shipping costs are due regardless of the amount of the order. Any reshipment due to an incorrect delivery address or non-collection from the Postal Services will give rise to the payment of additional costs, after acceptance by the Buyer. In the event of the Buyer refusing to pay these additional reshipping costs, the order will be canceled and the price of the order will be refunded to the Buyer's account less the shipping costs incurred.
For shipments to a third country including the French overseas departments: “the customer will bear the local taxes of the country of consumption.”
b) Delivery problems
6.7 Delivery Times are available on the Site and may vary depending on the availability of the products that were the subject of the Order. Delivery Times are understood to be in working days and correspond to the average times for preparing and delivering the Order in the Territory. > Delivery Times run from the date of Confirmation of the Order by the Seller.
The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above. However, these deadlines are given for information purposes only and any delay in delivery will not give rise to any damages, retention or cancellation of the order by the Buyer. However, if the products ordered have not been delivered within 7 days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Buyer or the Seller. The sums paid by the Buyer will then be returned to him without delay, excluding any compensation or retention. The Customer is solely responsible for the non-performance or poor performance of the contract due to a lack of information when placing the Order (incorrect or incomplete address, name error, etc.).
6.8 The Customer is required to check the condition of the packaging and the Items upon Delivery. It is the Customer's responsibility to make any reservations and complaints he deems necessary, or even to refuse the package, when the package is clearly damaged upon Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, excluding public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-conformity of the Goods in nature or quality with the specifications mentioned in the Delivery note, the Customer must inform the Seller by email and return the Goods to the address indicated; the return label will be provided by the Seller.
(c) Limitation of liability
6.9 The Products offered comply with current French legislation. Praline cannot be held liable for non-compliance with the legislation of the country where the Products are delivered. It is the Buyer's responsibility to check with local authorities the possibilities of importing or using the Products ordered.
6.10 Only guarantee given: The Seller delivers Products in perfect condition upon delivery to the carrier. In accordance with Article L 217-4 of the Consumer Code, the Seller is liable for any lack of conformity existing at the time of delivery.
Article 8: PRODUCT EXCHANGE/RETURN: RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the product to exercise his right of withdrawal, without having to provide a reason or pay a penalty.
The Customer then has an additional period of fourteen (14) days from the date of withdrawal to return the products at his own expense , in their original condition, complete (accessories, instructions, packaging, etc.) and suitable for resale.
Return costs are the sole responsibility of the Customer. No returns with postage due will be accepted.
Subject to the correct receipt of the returned product(s), or proof of shipment provided by the Customer, the refund will be made within a maximum of fourteen (14) days . The refund will cover the price paid by the Customer for the returned product(s) , as well as, where applicable, the standard delivery costs (excluding express or specific options chosen by the Customer).
To request a withdrawal, the Customer must log in to their Praline account and submit the request directly from there. Once the request has been submitted, simply follow the instructions provided.
Article 9: DATA PROTECTION
8.1 The provision of personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will automatically result in the order being rejected.
8.2 The security protocol guarantees total confidentiality of the information transmitted. Praline undertakes not to transmit or use any personal information of its Buyers (Data Protection Act No. 78-17) unless it is strictly related to its activity.
8.3 In accordance with the French Data Protection Act No. 78-017 of 6 January 1978, the User has the right to access, rectify and object to any communication of personal information concerning him/her. To exercise this right, the User must make a request to Praline by email or by post to the contact details referred to in Article 11.
8.4 The processing of personal information relating to Users is the subject of a declaration to the National Commission for Information Technology and Civil Liberties (CNIL): n°1359103.
Article 10: LIABILITY – FORCE MAJEURE
9.1 Praline has a simple obligation of means for all stages of access and ordering on the Site (order process, delivery, customer service, etc.).
9.2 Praline cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, a breakdown in service, an external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with case law, including in particular a postal services strike, stock shortage at the manufacturer, destruction or total loss of stock, the cessation of production of a model of which Praline has not been informed as well as any other exceptional event.
Article 11: INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, are reserved under copyright as well as intellectual and artistic property rights and for the entire world. Any total or partial reproduction of the Site is strictly prohibited without prior agreement. Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author. Similarly, any process, in particular relating to the technique of framing or deep-linking is formally prohibited, except with express, special and written authorization issued by the Seller.
The Customer therefore undertakes not to infringe the “PRALINE” trademark in any way. It is strictly forbidden to use or reproduce the name “PRALINE”, in any capacity whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.
Article 12: COMMERCIAL OFFERS AND NEWSLETTERS
Praline may send commercial offers to Customers by mail, email, text message, telephone or via all web spaces managed by Praline or any of its subsidiaries on social networks, subject to prior acceptance.
The Client has the option at any time to oppose commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link included in each email.
Article 13: CONTACT
By email to: contact@pralineparis.com
Article 14: PARTIAL INVALIDITY
If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 15: ENTIRE CONTRACT
14.1 These General Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
14.2 In the event of any contradiction between these documents, the General Conditions of Sale shall prevail.
Article 16: APPLICABLE LAW – COMPETENT JURISDICTIONS
These General Conditions of Sale and the contractual relations between the Parties are subject to French law.