General terms and conditions of sale
The commercial site www.quatre-couleurs.com (hereinafter referred to as "the Site") is an electronic commerce site accessible via the Internet, open to all users of this network. It is published by the Association Quatre Couleurs, a company (hereinafter referred to as the "Association Quatre Couleurs"), whose head office is at 10, rue du Bonheur 75000 Paris, registered with the La Rochelle Trade and Companies Register under number: 000000.
The Site allows the Quatre Couleurs Association to offer most of its products for sale (hereinafter "the products") to non-professional buyers who are consumers, over 18 years of age and with full legal capacity (hereinafter "the Clients").
The present General Terms and Conditions of Sale (hereinafter "GTC") govern the relationship between the Quatre Couleurs Association and Clients wishing to make a purchase or browse the Site. Any order for a product offered on the Site implies the Client's full and complete acceptance of these GSC.
In the event of a change to these GTC, the GTC applicable are those in force on the date of the order.
Any resale of products purchased on the Site is strictly prohibited.
All orders will only be validated after payment has been accepted.
The Association Quatre Couleurs undertakes to honour orders received within the limits of available stocks and, in the event of unavailability, to inform the Client by any means; the Client may then cancel the order and be reimbursed, if necessary, for any sums already paid. The Association Quatre Couleurs reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order. In the event of stock shortage, we undertake to offer you another equivalent product.
Acknowledgement of receipt of the order :
Once payment has been made, a summary of the order is sent by the Quatre Couleurs Association to the Client by e-mail to the e-mail address indicated by the latter, immediately and at the latest before delivery.
This document, which is an acknowledgement of receipt of the Client's order, contains all the elements of the contract between the parties.
The order form is recorded on the registers of the Association Quatre Couleurs, which are themselves kept on a reliable and durable medium. The client accepts that the order form is considered as proof of the contractual relations between the parties.
The customer will be able to print the summary order form sent with the acknowledgement of receipt. The summary of the order will also be accessible on the Site under the heading "My account".
The customer may follow the progress of his order at any time by contacting Customer Service by e-mail via the site's contact form for any other question relating to his order.
Delivery methods :
The Quatre Couleurs Association delivers its products all over the world.
In the event of an error in the Customer's contact details, the Quatre Couleurs Association cannot be held responsible for the impossibility of delivering the article(s) ordered.
The delivery time depends on the items ordered, from 10 to 30 days (for metropolitan France), the Quatre Couleurs Association undertakes to do its utmost to deliver the Client as soon as possible, subject to payment. In the event of a delay in delivery of more than 30 working days, if the product has not been dispatched, the Client may cancel the order by registered letter with acknowledgement of receipt and request reimbursement of the order.
If the item was shipped before receipt of the cancellation of the order due to a delay in delivery of more than 30 days, the Quatre Couleurs Association will reimburse the item and the shipping and return costs upon receipt of the item, complete, in its original condition and with all labels.
The Quatre Couleurs Association undertakes to inform the Client of the progress of its order.
The Quatre Couleurs Association cannot be held responsible for delays in delivery caused by force majeure events or strikes.
The prices indicated are in euros and include all taxes, but exclude delivery costs, which are payable by the Customer. Any change in the legal rate of VAT applicable will be automatically reflected in the prices of the articles, as soon as it comes into force.
Terms of payment
Payment must be made in full at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment. The Customer shall pay for his order by bank card (Visa, Eurocard/Mastercard) in accordance with the provisions of this article.
For any transaction, the Customer shall indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Client of his/her bank card number constitutes authorisation for the Quatre Couleurs Association to debit his/her account for the amount of his/her order.
No COD shipments will be accepted for any reason.
The Quatre Couleurs Association retains ownership of the article until full payment of the price by the Client. Purchases are made in a secure manner. The payment solutions adopted by the Association Quatre Couleurs are 100% secure. For payments by bank card (Carte Bleue, Carte Bleue Visa and e-Carte Bleue), the Banque Populaire is responsible for securing payments. All the information that Clients communicate to the Quatre Couleurs Association is strictly protected and guarantees the conformity and security of each transaction thanks to an SSL certificate.
In addition, to combat fraud, the Quatre Couleurs Association has set up a system implementing exclusion lists, which may lead it to : (I) to request, in order to secure the transaction, certain supporting documents once the payment has been made, in the event of an automatic alert triggered by the information relating to the order. (II) block any order from a Customer account that has previously been the source of fraud.
Intellectual property rights
All texts, comments, photos, trademarks, graphics, designs, illustrations and images on the Site are the exclusive property of the Association Quatre Couleurs and are protected by intellectual property rights in France and throughout the world. Any total or partial reproduction of the Site is strictly forbidden.
Satisfied or refunded
The essential characteristics of the articles are presented on www.lecomptoirdelapatisserie.com in each of the article sheets. The Customer is fully informed that the images, photos and colours of the articles offered for sale may not correspond to the real colours due to the effect of the Internet browser of the screen used.
If the Customer is not satisfied, he/she has a period of fifteen days from the date of dispatch to return the product and obtain a refund of the sums already paid. This period includes the legal retraction period of seven days provided for in articles L121-20 et seq. of the Consumer Code.
The article must be returned in new condition, in its original packaging to the following address: 10, rue du Bonheur 75000 Paris.
Items returned incomplete, damaged or spoiled will not be accepted.
The returned article will be reimbursed to the Client within a maximum of thirty days of its receipt by the Association Quatre Couleurs. It is the Client's responsibility to keep all proof of return, i.e. a return by registered parcel or by any other means giving a certain date to its sending.
The refund will be made by crediting the amount to be refunded to the Customer's bank account debited at the time of the transaction (excluding postage costs related to the return package).
The statutory right of withdrawal and the "money back guarantee" do not apply to items made to the customer's specific requirements or to clearly personalised items.
The items are returned at the Customer's risk and expense.
For any exchange, the Customer must contact Customer Services, which will indicate the procedure to follow, by email via the site's contact form. In any case, no item purchased on the Site may be exchanged or returned to shops or corners.
Defect of the article
The Quatre Couleurs Association is responsible for the product's lack of conformity with the order and for hidden defects under the conditions provided for in articles 1641 and 1649 of the Civil Code. In accordance with the provisions of order no. 2005-136 of 17 February 2005, the aforementioned articles of the Civil Code as well as the articles of the Consumer Code relating to the guarantee of consumer goods are reproduced within the present GTC.
The personal data collected on the www.quatre-couleurs.com website is necessary for processing the order and more generally for managing the commercial relations of the Quatre Couleurs Association with its Clients and is intended for the Quatre Couleurs Association and its external partners.
In accordance with the law of 6 January 1978, the Client has a right of access to the nominative data concerning him/her, which he/she may exercise in writing to the Customer Relations Department, without prejudice to the right he/she has to oppose, under the aforementioned conditions, the use of his/her nominative data for commercial solicitation purposes by the Quatre Couleurs Association alone or in partnership with other companies and/or directly by third parties, companies that are transferees of the said nominative data
Applicable law and jurisdiction
These GTC are subject to French law. In the event of a dispute, exclusive jurisdiction is given to the competent French courts, notwithstanding multiple defendants and/or third party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition.
Reproduction of articles L211-4 L211-5 and L211-12 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
To be in conformity with the contract, the goods must: 1º Be fit for the purpose usually expected of similar goods and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2º Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Reproduction of articles 1641 and 1648 AL 1 of the civil code
The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.