Terms of Sales
These general conditions of sale are concluded between :
SAS PRALINE PARIS
Simplified joint stock company with capital of €100
Email: contact@pralineparis. com
Hereinafter referred to as “ The Seller ”
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: OBJECT
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 CONTRACT
ARTICLE 16: APPLICABLE LAW – COMPETENT JURISDICTIONS
Article 1: object
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 is prohibited from 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 them to place an order on the Site.
The acquisition of a product through the Site implies full 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 their order on the Site.
These General 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 site is an e-commerce site accessible via the Internet network 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 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 relationship with the latter's professional activity. Praline reserves the right to refuse execution of the order.
1.4 The Buyer declares that he has 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 the electronic signature, 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 purpose of the General Conditions of Sale is 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 their consultation by the User and within the limits of available stocks.
2.2 The products are described and presented with the greatest possible accuracy. Photographs illustrating, in support of the text, the products 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; particularly due to the technical limitations of color rendering of computer equipment.
b) Availability of Products
2.3 Praline undertakes to honor orders received only within the limits of available stocks. In the absence of availability of one or more Product(s), Praline undertakes to inform the User as soon as possible. Praline incurs no liability 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 e-mail 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 subtract the price(s) of the Product(s) from the amount taken from the Buyer's bank account. s) unavailable(s).
c) Reservation 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 VAT at the rate in effect on the day of the order. Any change in 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 e-mail 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 prices in force at the time the order is registered subject to the availability of the Products. The current price is that indicated on the Site, except for typographical errors for which Praline is not 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 billing of a flat rate of 25 euros per payment incident. The data recorded by the Site constitutes proof of transactions between Praline and the Buyer. The data recorded by the payment system constitutes proof of financial transactions. The sale becomes final after acceptance of the secure services transaction.
THE ITEMS REMAIN THE ENTIRE PROPERTY OF PRALINE UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPT.
Article 5: PAYMENT
4.1 It is specified that any payment on the site can be made by credit card or by 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 card holder 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 payment service Stripe. The integrity of the data exchanged between the Buyer and the secure Stripe platform is protected against hacking attempts. Confidential data is directly transmitted encrypted to the Stripe server, without ever passing through Praline's servers.
4.5 Stripe relies on the SSL (Secure Socket Layer) encrypted exchange protocol and provides all the necessary assurances for Internet transactions.
4.6 Praline reserves the freedom 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 can freely browse the Site, without being committed to an order.
b) Registration of an order
5.2 To place an order, the User must click on the “Add to cart” button. Each new addition to their Basket will be indicated to them by the appearance of a specific screen.
5.3 At any time before validation of 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 your selection of Products and validate 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 proposed 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 themselves by accurately completing the form for this purpose on which they will include the information necessary for their identification: their 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 their identifier constitutes proof of their identity and demonstrates their consent.
c) Final validation of an order
5.8 Validation by the User of their 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 validates payment for his order, a summary is displayed with the transaction number. This summary is also sent by an 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 In application of article L. 134-2 of the Consumer Code, when an order concerns an amount equal to or greater than 120 euros, Praline keeps the writing which establishes the contract concluded between Praline and the Buyer by 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 will be able to 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 that of 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 left at the post office on which the delivery address mentioned by the Buyer depends, in the event of the absence of the recipient of the goods. Products. In the latter scenario, the postman will leave a delivery notice in the recipient's mailbox allowing the parcel to be collected during post office working hours, 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 wording of 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 location of destination, according to the scales in effect by the postal services. For all deliveries 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 result in the payment of additional costs, after acceptance by the Buyer. If the Buyer refuses 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 Territories: “the customer will bear the local taxation of the country of consumption.”
b) Delivery issues
6.7 Delivery Times are available on the Site and may vary depending on the availability of the products ordered. Delivery Times are in working days and correspond to the average preparation and delivery times of 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 communicated for information purposes only and any excess may not give rise to any damages, deduction 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 canceled at the written request of the Buyer or Seller. . The sums paid by the Buyer will then be returned to him without delay, excluding any compensation or withholding. The Customer is solely responsible for non-performance or poor performance of the contract due to a lack of indication during the Order (wrong or incomplete address, error on the name, etc.).
6.8 The Customer is required to check the condition of the packaging as well as the Items upon Delivery. It is up to the Customer to express the reservations and complaints that he considers 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 file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with article L. 133-3 of the Commercial Code.
The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-compliance of the Goods in kind 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 in the event of non-compliance with the legislation of the country where the Products are delivered. It is up to the Buyer to check with local authorities the possibilities of importing or using the Products ordered.
6.10 Only guarantee granted: The Seller delivers Products in perfect condition when handed over to the carrier. In accordance with article L 217-4 of the Consumer Code, the Seller is responsible for any lack of conformity existing at the time of delivery.
Article 8: PRODUCT EXCHANGE/RETURN: RIGHT OF WITHDRAWAL
7.1 The Buyer has a right of withdrawal for the following reasons: • Non-satisfaction with the Product for any reason whatsoever; • Non-compliance of the Product.
You have 15 days to change your mind and return the item to us in its original condition. Return costs are your responsibility.
You can return your items to us by post.
To return your order to us by post, it's simple:
1) log in to your Praline account.
2) In the “My Returns” section, select the order and the items concerned by your return and indicate the reason for the return.
3) Once the request has been sent, return to the “My returns” section of your account then click on “VIEW RETURN” of the return concerned.
4) Print the return slip and slip it into your package before sending it.
Returns are the responsibility of the customers. The return slip and the items must be returned to the following address:
PRALINE – Return Service
8 rue du faubourg fishmonger 750 10
Please note that without your returns slip, we cannot identify your return and cannot refund you.
The refund will be made to our stock within 15 days from the date on which the return is received by Praline if all the conditions mentioned in the return procedure are met.
7.2 In the case referred to in point 7.1, the Buyer will have the possibility of requesting a refund of the Product from Praline.
7.3 To exercise his right of withdrawal, the Buyer must make his request within fifteen (15) days following receipt of the Product. The Buyer informs the Seller of his wish to exercise his right of withdrawal by returning the standard withdrawal form completed and signed and appearing in Appendix 1 hereof.
7.4 In the event of a delivery error and/or non-compliance, any product to be refunded must be returned to Praline as a whole and in its original packaging, using the prepaid return voucher which will be issued to you in advance. To obtain it, contact customer service at the following address: firstname.lastname@example.org
7.5 Praline does not accept postage collect packages. In accordance with article L 216-4 of the Consumer Code, the return slip does not designate any carrier, any risk linked to the return of the Product is the responsibility of the Buyer. The Seller is not responsible for the loss of the package by the postal services.
7.6 If the above-mentioned conditions are met and if the Buyer wishes the Product to be reimbursed, Praline will reimburse the Buyer, within fourteen (14) days from the date on which the Product was received back by Praline, the sums corresponding to the Product(s) acquired by him.
Article 9: DATA PROTECTION
8.1 The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. Failure to provide information implies automatic rejection of the order.
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 (“information technology and freedoms” law No. 78-17) unless it is strictly linked to its activity.
8.3 In accordance with the “Informatique et Libertés” Law No. 78-017 of January 6, 1978, the User has a right of access, rectification and opposition to any communication of personal information concerning him or her. To exercise this right, the User must make a request to Praline by e-mail 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 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 (ordering 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 service outage, an external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with the case law, including in particular a postal service strike, out of stock at the manufacturer, destruction or total loss of stock, cessation of production of a model of which Praline was not informed as well as any other event exceptional.
Article 11: INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, are reserved under copyright as well as intellectual and artistic property 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 involving the civil and criminal liability of its author. Likewise, any process, particularly relating to the technique of framing or deep-linking, is formally prohibited, unless there is express, special and written authorization issued by the Seller.
The Customer therefore undertakes not to infringe the “PRALINE” brand in any way. It is strictly prohibited 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 Customers commercial offers by mail, email, SMS, telephone or via all web spaces run by Praline or any of its subsidiaries on social networks, subject to prior acceptance.
The Customer has the right at any time to object to commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link appearing in each email.
Article 13: CONTACT
By e-mail to: email@example.com
Article 14: PARTIAL INVALIDITY
If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength 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 a contradiction between these documents, the General Conditions of Sale will prevail.
Article 16: APPLICABLE LAW – COMPETENT JURISDICTIONS
These General Conditions of Sale and the contractual relations between the Parties are subject to French law.