1. Scope of Application
These General Terms and Conditions of Sale apply to and are deemed to have been accepted by any person accessing this site and/or ordering products offered for sale by PROMECOP, S.A.S. with a capital of €234,929, registered with the Nanterre Trade and Companies Register under number 540 042 439 and located at 22, Boulevard Louise Michel, 92230 Gennevilliers.
They specify, in particular, the conditions for ordering, payment, delivery, and handling of any returns of Products ordered by Customers.
2. Definitions
- "CGU": refers to the General Conditions of Use, available by clicking on the link at the bottom of the Site page
- "CGV": refers to these General Terms and Conditions of Sale
- "Customer(s)": refers to any adult consumer and non-professional accessing the Site as a simple visitor and/or creating an Account on the Site and/or placing Orders with SOCIÉTÉ PROMECOP
- "Account": refers to the personal account created by the Customer on the Site.
- "Order(s)": refers to any order for Products placed by a Customer via the Site.
- "Product(s)": refers to standard Products, as defined below, sold by SOCIÉTÉ PROMECOP on the Site.
- "Standard Product(s)": refers to the products offered for sale on the Site by SOCIÉTÉ PROMECOP, and in particular:
Classic pastry products (cookies, shortbread). One type of classic pastry product is sold per package.
Ancillary products (books, notebooks).
- "Site": refers to all or part of this site accessible at the URL https://lafabrique-cookies.fr/fr/
- "Store": refers to one of our points of sale, listed at the URL https://lafabrique-cookies.fr/fr/magasins
- "SOCIÉTÉ PROMECOP" refers to SOCIÉTÉ PROMECOP as identified in the "Scope of Application" Article.
- "Services": refers to all or part of the services accessible via the Site, in particular the ability to place and track Orders.
3. Products
The Standard Products offered for sale are those accessible via the Site or in Store and available at the time of the Order, within the limits of stock. In the event of a stockout of Standard Products, the Customer will be informed, and SOCIÉTÉ PROMECOP will make its best efforts to restock the products concerned as soon as possible, except in the case of a range renewal. In the event of a stockout of Standard Products at the time the Customer places an Order, the Customer will be informed by SOCIÉTÉ PROMECOP to consider either cancelling the Order and receiving a refund, or postponing the delivery date once the products concerned have been restocked.
SOCIÉTÉ PROMECOP's Products include pastry products that may contain allergenic ingredients (eggs, milk, nuts, etc.). Therefore, it is the Customer's responsibility to carefully read the information sheet (list of ingredients, allergens, nutritional values, etc.) accessible on each Product sheet and the labeling of the Products once received before consuming them, to ensure that they are suitable for them and that their consumption does not pose any risk.
The prices of the Products displayed on the Site are indicated in euros, all taxes included (TTC). Any applicable shipping costs, depending on the delivery type chosen by the Customer, are not included.
SOCIÉTÉ PROMECOP may modify the product ranges, product prices, and prices at its discretion. The prices applicable to an Order remain those displayed on the Site at the time the Order is validated by the Customer.
Adding a Product to the cart does not constitute acceptance of the Order. It is therefore possible that all or part of the quantity of a Standard Product placed in the cart may no longer be available at the time of Order validation. The Customer will then be informed directly or before final validation of their Order.
SOCIÉTÉ PROMECOP does not guarantee the absence of errors on the Site, particularly in the product descriptions, but will make its best efforts to correct any error reported by a Customer in this regard as soon as possible.
4. Account
4.1 Account Creation
4.1.1. Excluding Order Placement
The Customer can create an Account by browsing the Site, regardless of placing an Order.
To do this, the Customer must:
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Create their unique identifier by providing their email address
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Create a unique password
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Provide the following information: Title, Last Name, and First Name
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Indicate their date of birth (optional)
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Indicate whether they wish to be contacted by SOCIÉTÉ PROMECOP electronically for commercial prospecting, by checking the box provided for this purpose.
The creation of an Account by the Customer constitutes acceptance of the CGU.
4.1.2. During Order Placement
If they have not already done so by browsing the Site (see above, 4.1.1.), the Customer must create an Account on the Site to place an Order.
For this purpose, the Customer must create their unique identifier by providing their email address and create their unique password.
To continue their registration, they must also provide the following information:
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Title
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Last Name and First Name
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Exact delivery address
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Billing address if different from the delivery address
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Phone number*
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Accept the CGV by checking the box provided for this purpose
*In accordance with Article 223-2 of the Consumer Code, consumers have the right to register on the BLOCTEL telephone solicitation opt-out list available at the link: https://www.bloctel.gouv.fr.
4.2 Customer and entered information
This Site is intended for individual Customers. For any Order placed in a professional context (resellers, works councils, seminars, etc.), the Customer is invited to visit https://lafabrique-cookies.fr/fr/content/15-pour-les-professionnels or click on the "For professionals" tab, or contact SOCIÉTÉ PROMECOP's Customer Service at: contact@lafabrique-cookies.fr.
In general, the Customer guarantees the accuracy of all information they provide and undertakes to immediately notify SOCIÉTÉ PROMECOP of any modification to this information by updating their Account for this purpose. In the case of an ongoing Order, the update of the delivery address will only be taken into account for future Orders.
SOCIÉTÉ PROMECOP may refuse a Customer's registration and Order in case of non-compliance with the CGU or these CGV without having to justify itself and without such refusal generating any right of recourse or compensation.
4.3 Account Access
The Customer can access their Account by entering their unique identifier and password.
These elements are personal and confidential. Any connection to the Account and any subsequent action are considered to be carried out by the Customer. The Customer is solely responsible for the consequences that may result from communicating login information to third parties.
4.4 Account Management
From their Account, the Customer can:
• view their Order history and invoices
• view their credit notes
• view the different delivery addresses entered
• enter optional information, or modify already entered information or the password (for example, their date of birth). If an Order is in progress, updating the information, particularly the delivery address, applies to the next Order.
• view discount vouchers
• view any saved cards
4.5 Account Suspension or Deletion
The Customer has the possibility to delete their Account at any time by contacting SOCIÉTÉ PROMECOP by email at contact@lafabrique-cookies.com. In such a case, they are warned that the Services offered by the Site will no longer be accessible.
In case of non-compliance by the Customer with the CGU or these CGV, or in case of knowledge of an illicit activity of the Customer on the Site, SOCIÉTÉ PROMECOP reserves the right to suspend or delete the Customer's Account without prior notice.
5. Order
5.1 Placing an Order
The Customer's connection to their Account via the entry of their identifier and password reliably identifies them and commits them to any Order placed through this means.
For any Order placed, the Customer is asked to:
- select standard Products by adding them to their cart,
Once the Products have been selected and added to the Cart, the Customer can add an optional discount voucher, then validate their Order, select their delivery and billing address, then their delivery method (pickup in one of our Stores, home delivery by GLS, or pickup point delivery by GLS).
- They can attach a personalized message for the recipient.
- The Customer can then proceed to payment.
5.2 Payment and Order Confirmation
Payment for the order is made by credit card through the secure interface provided to the Customer by the payment service provider PAYPLUG.
Orders only commit SOCIÉTÉ PROMECOP upon confirmation issued by the Customer's banking institution of the full payment of the Order, including any shipping costs.
Once the Order is validated, the Customer receives a confirmation by email and can track the progress of their Order via their Account as well as with the tracking received in parallel by email from GLS.
5.3 Order Refund Modalities
Any refund of an Order, provided for in case of non-conformity or exercise of the right of withdrawal in accordance with Articles 6, 7 and 8 of these CGV, will be made according to the payment method previously used, either by bank transfer.
Alternatively, the Customer may benefit from a credit note corresponding to the amount of the damage if they agree.
6. Delivery and Collection
SOCIÉTÉ PROMECOP delivers Products in mainland France, Corsica, and the European Union.
Products are shipped in suitable packaging to guarantee their quality.
Depending on the chosen delivery type, a tracking number may be sent to the Customer by email from the carrier in parallel with their order confirmation.
Shipments are made, at the Customer's choice:
• for free collection in one of our Stores or at the head office, the Customer is notified by email of the date the Order is available for collection in store.
The opening hours of the Stores can be consulted on our website at the link https://lafabrique-cookies.fr/fr/magasins
Orders that have not been collected within a period of five (2) calendar days from the confirmation of the Order's availability are considered abandoned by the Customer and cancelled in favor of SOCIÉTÉ PROMECOP, without any right to reimbursement.
• by GLS carrier, for collection at a relay point: in this case, the Customer is entitled to choose a relay point of their choice, and is informed by email and via their account of the availability of the Order at said relay point.
The Order can be collected during the opening hours of the relay point, which the Customer must check themselves, particularly via the carrier's website.
If the Customer is unable to collect the Order within ten (10) calendar days from the date of availability at the relay point, the Order will be returned to SOCIÉTÉ PROMECOP. The Order will then be considered abandoned by the Customer and cancelled in favor of SOCIÉTÉ PROMECOP without any right to reimbursement.
• by GLS carrier for home delivery: in this case, the Customer is informed by email and via their account of a delivery date. The Customer may, if necessary, contact the carrier to arrange another delivery date.
If the Customer is unable to receive the Order at their home within ten (10) calendar days from the initial delivery date, the Order will be returned to SOCIÉTÉ PROMECOP. The Order is considered abandoned by the Customer and cancelled in favor of SOCIÉTÉ PROMECOP without any right to reimbursement.
All collections and deliveries are made against the Customer's signature and upon presentation of an identity document. If applicable, the Customer may authorize a third party to collect their order, provided that the latter presents an identity document belonging to the Customer and the confirmation of the Order's availability.
The transfer of risks to the Customer occurs at the time of delivery or collection. From that moment, the Customer alone bears the risks of the Products and assumes all damages in this regard, without prejudice to the rights they have and recalled in the "Returns and Warranty" Article.
Regardless of the chosen delivery method, the Customer undertakes to check the conformity of the Order under the conditions of the "Returns and Warranty" Article.
Deliveries are made within two working days to ten working days (excluding Saturday, Sunday, and public holidays).
These deadlines are indicative; however, if the Customer has still not received/been able to collect their order twenty-four hours (24h) after the announced delivery date, they are invited to contact SOCIÉTÉ PROMECOP's Customer Service at contact@lafabrique-cookies.fr so that the latter can, if necessary, contact the carrier or its logistics services to determine the causes of this delay and propose a reasonable new delivery date to the Customer.
In the absence of delivery on the date thus agreed, the Customer may, if they wish, request the cancellation of the Order and its full refund. In this case, the refund will be made within a maximum period of fourteen (14) calendar days.
No refund will be due in case of delay or non-delivery without fault of SOCIÉTÉ PROMECOP, and notably in the presence of an incorrect delivery address.
7. Returns and Warranties
Without prejudice to the legal and statutory guarantees available to the Customer, the latter undertakes to report to the carrier, in the case of home delivery, or to the relay point manager, in the case of collection from a relay point, any apparent defects, damage, or non-conformities of their Order (damaged packaging, missing products, etc.), by noting them on the carrier's delivery slip and/or the relay point receipt. Failing this, the Customer must report them directly to SOCIÉTÉ PROMECOP at contact@lafabrique-cookies.fr no later than twenty-four (24) hours after delivery.
Otherwise, the Order will be deemed free of apparent defects.
Where applicable, SOCIÉTÉ PROMECOP may ask the Customer to provide additional information, such as photos, which the Customer undertakes to provide if they are still in possession of the package concerned and have not refused delivery.
In the presence of a proven apparent defect, SOCIÉTÉ PROMECOP may, at its discretion, reimburse the Customer within a maximum of fourteen (14) calendar days, or proceed with the full replacement of the Order.
Furthermore, the Customer has the option of making claims within the legal deadlines under the conformity guarantee (two (2) years from delivery in accordance with Articles L217-4 et seq. of the Consumer Code) or the hidden defects guarantee (two (2) years from the discovery of the defect in accordance with Articles 1641 et seq. of the Civil Code), at contact@lafabrique-cookies.fr and by attaching photos highlighting the observed defect or non-conformity.
Where applicable, SOCIÉTÉ PROMECOP may ask the Customer to provide additional information, or to return the Products concerned to SOCIÉTÉ PROMECOP for examination, at the latter's expense.
In the presence of a proven non-conformity or hidden defect, and without prejudice to the rights available to the Customer under these legal guarantees, SOCIÉTÉ PROMECOP will offer, at the Customer's choice, to reimburse them within a maximum of fourteen (14) calendar days, or to proceed with the full replacement of the Order.
8. Right of withdrawal
In accordance with Articles L221-18 et seq. of the Consumer Code, for the "Organic Shortbread" product, which has a shelf life of more than one month upon receipt, the Customer has a right of withdrawal that they can exercise within fourteen (14) calendar days from the delivery or collection of the Order (at the Store or relay point), by contacting SOCIÉTÉ PROMECOP Customer Service at: contact@lafabrique-cookies.fr.
The Customer is reimbursed within a maximum of fourteen (14) calendar days from proof of return of the Products from the Order. The reimbursement covers the price of the Order, including original shipping costs, but excluding return costs incurred by the Customer following the exercise of the right of withdrawal.
In accordance with Article L221-28 – 5° of the Consumer Code, this right of withdrawal cannot be exercised for food products that have been unsealed by the Customer after delivery and therefore cannot be returned for reasons of hygiene or health protection.
Given the highly perishable nature of other standard Products offered for sale on the Site, with a best-before date/use-by date of less than 1 month, which are, by nature, for immediate consumption, the customer does not have a right of withdrawal. Once your order has been validated, it becomes firm and irrevocable in accordance with the legal provisions excluding the exercise of the right of withdrawal for distance sales of perishable products (Article L.121.28 of the Consumer Code).
9. Liability
9.1 SOCIÉTÉ PROMECOP cannot be held liable for indirect, incidental, or accessory, foreseeable or unforeseeable damages caused to the Customer or a third party, and in particular, loss of earnings or profit, loss of data or equipment, including costs of recovery, reproduction, repair of such losses, resulting from the use of the Site or arising from an Order.
SOCIÉTÉ PROMECOP's liability cannot be engaged in case of damage caused by the Customer or a third party, or by an event of force majeure understood as any event recognized as such by French law and jurisprudence, as well as any blocking or slowing down of electrical and/or telecommunications networks, any slowing down or stoppage of transport means and/or any strike among carriers in charge of Orders.
In any event, taking into account the distribution of risks between SOCIÉTÉ PROMECOP and the Customer, SOCIÉTÉ PROMECOP's total liability will be limited to:
• If the damage occurs during an Order: the total amount of the Order concerned;
• If the damage occurs outside of any Order: a maximum lump sum of 50 euros.
9.2 The Customer undertakes to order Products for their personal use exclusively. Any commercialization, resale, or distribution of the Products is prohibited.
10. Personal data
Personal data collected via the Site concerning Customers are intended to be processed by SOCIÉTÉ PROMECOP, as data controller, for the purpose of providing Services, processing Orders, continuous improvement of the Site, generating statistical reports, and generally getting to know Customers better. This processing is based on these GTC and/or the legitimate interest of SOCIÉTÉ PROMECOP, within the framework of managing its relationships with customers and prospects.
Information marked with an asterisk in contact or account forms is mandatory for processing Customer requests. Failure to provide them will result in the request not being processed.
The collected data is communicated internally within SOCIÉTÉ PROMECOP's teams in charge of communication, logistics, and customer relations.
Customer data is also accessible to SOCIÉTÉ PROMECOP's subcontractors (particularly for the purpose of hosting the Site and transporting Orders) who act according to its instructions and are required to implement appropriate technical and organizational protection measures for this personal data.
Where applicable, data may be transferred outside the European Union, it being specified that in such a case, these transfers will be governed by appropriate safeguards such as the conclusion of standard contractual clauses of the European Commission.
In accordance with applicable regulations concerning personal data protection, the Customer has:
Rights of access, rectification, erasure, restriction, opposition, and portability of information concerning them;
the possibility of transmitting instructions to SOCIÉTÉ PROMECOP to organize the fate of data concerning them (storage, erasure, communication to a third party, etc.) in the event of death;
The Customer is informed that SOCIÉTÉ PROMECOP has appointed a data protection officer, who can be contacted, particularly to exercise the rights mentioned above, at the following email address: contact@maison-PROMECOP.com.
However, the Customer is warned that their objection or request for restriction or erasure may, in practice and depending on the case, have an impact or make it impossible to take certain requests into account or execute certain Orders.
The Customer also has the right to appeal to a national supervisory authority such as the Commission Nationale de l'Informatique et des Libertés in case of a violation of applicable regulations concerning personal data protection and particularly European Regulation no. 2016-679.
11. Intellectual Property
The Site constitutes a work protected by copyright, wholly owned by SOCIÉTÉ PROMECOP.
All elements composing the Site, and in particular the interfaces, software, photos, graphic or textual elements appearing therein, are the full and complete property of SOCIÉTÉ PROMECOP or its assigns. No element of the Site may be used, reproduced, represented, disseminated, decompiled, indexed, scraped by any technical process, without the prior written consent of SOCIÉTÉ PROMECOP.
The Customer is prohibited, without the prior written consent of SOCIÉTÉ PROMECOP, from creating and disseminating hypertext links redirecting from third-party sites to the Site, or from integrating the latter into another site via any technical "framing" process.
12. Evolution of the GTC
SOCIÉTÉ PROMECOP may modify the terms of these GTC at any time.
These modifications are binding on the Customer from their online publication and for any use of the Services, and in particular any Order placed after this online publication. It is therefore recommended that the Customer regularly consult the GTC accessible via the Site in order to become aware of these new conditions.
13. Tolerance
The fact that SOCIÉTÉ PROMECOP does not avail itself of or delays availing itself of the application of a provision of the GTC cannot be interpreted as a waiver of the right to avail itself of this provision in the future.
14. Applicable Law
The GTC and all relations with Customers are governed and interpreted according to French law, regardless of the location of the Customer accessing the Site.
15. Mediation and disputes
Customers can submit any dispute or litigation arising from the use of the Services, the Site, and/or resulting from any Order to mediation.
The mediator can be chosen from the list of mediators referenced on the following site: www.mcpmediation.org/index.php/fr/consommateurs
Regardless of the means used to contact the mediator, the request must contain the following elements to be processed quickly: the Customer's postal, email and telephone details, as well as the name and address of SOCIÉTÉ PROMECOP, a brief statement of the facts and proof of prior steps taken with SOCIÉTÉ PROMECOP. However, the dispute cannot be examined when the request is manifestly unfounded or abusive, when the dispute has been previously examined or is being examined by another mediator or by a court, if the Customer has submitted their request to the mediator more than one year after the written complaint made to SOCIÉTÉ PROMECOP, if the dispute does not fall within the mediator's area of competence, or finally if the Customer does not justify having previously attempted to resolve their dispute directly with SOCIÉTÉ PROMECOP through a written complaint.
Customers can also use the European Union's online mediation platform, accessible on the following site:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
The above provisions do not limit Customers' right to refer matters to the courts.