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General Terms and Conditions of Sale
1. General information
These General Terms and Conditions of Sale are stipulated by Maison Alsacienne de Biscuiterie - Atelier, simplified joint-stock company, registered to the TCR of Colmar under number 803 762 160, with head offices located at 7 rue Emile Schwoerer – 68000 Colmar (FR) and registered with intra-community VAT number FR61 803 762 160.
Purchasing products (hereinafter referred to as the "Product(s)") proposed on the website www.maison-alsacienne-biscuiterie.com (hereinafter referred to as the "Website") by any customer (hereinafter referred to as the "Customer") is subject to these General Terms and Conditions of Sale (hereinafter referred to as the "T&CS").
Accordingly, any order placed by the Customer entails their acceptance of these T&CS. Maison Alsacienne de Biscuiterie-Atelier SAS may amend its T&CS at any time. The Customer may consult the applicable version of the T&CS on the website at any time. The T&CS enforceable on the Customer are those applicable at the time of their order placement.
No contradictory provision on the terms and conditions of purchase, letters, confirmations of receipt, emails or any other documents issued by the Customer may not be enforced upon Maison Alsacienne de Biscuiterie-Atelier SAS if it has not previously been expressly validated by the latter.
The descriptions and photos provided are non-binding, and Maison Alsacienne de Biscuiterie-Atelier SAS may amend them at any time, without prior warning.
2. Orders
An order is only finalised and deemed definitive following its validation by Maison Alsacienne de Biscuiterie-Atelier SAS.
Accordingly, the order process implicates the Customer's selection of a product, their identification via a customer account, the verification of the contents of the order by the Customer, the validation of the order by the Client, the Client's receiving of an order confirmation, and finally the order shipment confirmation.
3. Our prices
The prices invoiced to the Customer for products are expressed in euros, inclusive of all taxes, including VAT, and are established based on the Pricing set by Maison Alsacienne de Biscuiterie-Atelier SAS, applicable on the date of the order being placed. Orders for special services and products which are not listed in the pricing set by Maison Alsacienne de Biscuiterie-Atelier SAS shall be invoiced at the price stipulated by the commercial quote provided.
4. Deliveries
Subject to particular stipulations, and as of the day on which the order is validated by Maison Alsacienne de Biscuiterie-Atelier SAS, as defined by Article 2 above, the products listed in the company's pricing shall be delivered :
- Within an average time noted from two (2) to ten (10) days across mainland France. We will ship your order via the Colissimo postal service.
- Within an average time from wo (2) to ten (10) days for Europe (list of countries referenced on the page Time frames & delivery), when your order is shipped by DHL Economy Select.
- Within an average time from two (2) to thirty (30) days for Europe and the Great International (list of countries referenced on the page Time frames & delivery), when your order is shipped by DHL Express.
Maison Alsacienne de Biscuiterie SAS endeavours to ensure that you receive your deliveries as soon as possible. Should this average time frame be exceeded, the Customer is not entitled to cancel the order or claim any discount from the price paid, nor does it give the Customer the right to claim any compensation payments or interests. However, and in compliance with the provisions set out in Article L.121-20-3 of the French Consumer Code, failing delivery within thirty (30) days of the day after the order placement, the Customer may cancel their order without incurring any fees or charges. They will then receive a refund for any sums already paid. In the case whereby it is possible, Maison Alsacienne de Biscuiterie-Atelier SAS reserves the right to offer the Customer a Product with a quality and price equivalent to that of the product initially ordered.
Should the order reach a certain volume, Maison Alsacienne de Biscuiterie-Atelier SAS may send it to the Customer via several deliveries/parcels.
It is the recipient's responsibility to check the shipments upon arrival and to report any reservations or claims which appear justified. Any anomalies must be reported on the delivery receipt. Said reservations and claims must be sent to Maison Alsacienne de Biscuiterie-Atelier SAS, by registered letter with confirmation of receipt, within 48 hours following the reception of the products. If the products delivered are not compliant in terms of nature or quality, in relation to the specifications indicated on the invoice, the Customer must, on pain of forfeiture, notify their claims to Maison Alsacienne de Biscuiterie-Atelier SAS within two days of the delivery. Delivery fees are not included in our prices. As delivery fees vary in line with the order type (nature, weight and volume), they shall be indicated in the order summary (invoice) and shall be borne by the Customer. In compliance with Article L121-20-2 of the French Consumer Code, the nature of the products that we sell and their packaging exempts us from the right to cancellation.
In the event of an incomplete or incorrect address being provided, parcel refusal by the recipient, or missing information leading to it being impossible to deliver the Product to the recipient in a timely manner, Maison Alsacienne de Biscuiterie-Atelier SAS may not be held liable for the final quality of this delivery. If this lack of information leads to a second delivery to the recipient, Maison Alsacienne de Biscuiterie-Atelier SAS shall be entitled to claim from the Customer the fees corresponding to this second delivery. The Customer is subject to the carrier's general terms and conditions of delivery which, in some cases, may impact the delivery quality in the event of non-compliance.
Accordingly, if the recipient is absent when delivery is attempted, in line with the carrier's general terms and conditions of delivery, the product may either be subject to another attempted delivery and/or left in an approved collection point, and/or left in a safe place at the Customer's home, and/or sent to the carrier's mail sorting centre, and/or returned to Maison Alsacienne de Biscuiterie-Atelier SAS, the latter not being able to be held liable for any theft, loss or damages to the products in relation to their delivery and, generally, for the final quality of the delivery.
4.1. Click&Collect - Store pick-up
When placing an order, the Customer can choose to pick up his products in our Atelier store. This service is available during the opening hours of the shop (see the opening hours of our Atelier shop).
Our company makes every effort to ensure that the Customer is served as well as possible:
- the order will be specially packaged for the Customer so that he can benefit from all the freshness qualities of our specialities;
- the order will be ready, the Customer will not have to wait.
Consequently, the Customer is expected to collect his order on the day and at the time selected, with a valid identity document and the email confirming his purchase.
As the products are perishable, Maison Alsacienne de Biscuiterie - Atelier SAS will not be able to keep the order beyond 2 working days from the date of collection. Any order not collected within this period will not be reimbursed or replaced under any circumstances.
The Customer is responsible for ensuring that the order is correct at the time of collection. Once the order has been collected, no claim of non-conformity will be accepted.
5. Terms and conditions of payment
Unless there are special stipulations in this sense, the Products and any delivery fees shall be paid in one instalment online, via the secure bank payment system or via a cheque made out and sent to Maison Alsacienne de Biscuiterie-Atelier SAS at the address below: Maison Alsacienne de Biscuiterie/ MAB-Atelier SAS/ 7 rue Emile Schwoerer /68000 COLMAR (FR).
6. Legal guarantees
The Products sold by Maison Alsacienne de Biscuiterie-Atelier SAS are subject to the legal guarantee conditions provided for by Articles L.217-4 to L.217-14 of the French Consumer Code, as well as Articles 1641 to 1648 of the French Civil Code, excluding any other guarantees:
Maison Alsacienne de Biscuiterie-Atelier SAS shall reject any claim pertaining to Products which have been used or consumed improperly.
Any claim concerning Products and without connection to their delivery must be communicated by email to service-client@mabiscuiterie.comfollowed by a written confirmation, sent by registered letter with confirmation of receipt to the Customer Services Department at the address Maison Alsacienne de Biscuiterie/ MAB-Atelier SAS/ 7 rue Emile Schwoerer /68000 COLMAR (FR).
6.1 Legal compliance guarantee
Maison Alsacienne de Biscuiterie-Atelier SAS shall deliver a Product to the Customer which complies with the agreement established and which is exempt of any compliance defects upon delivery of the said Product, insofar as the Product shall be suited to the use typically expected of such an item, and that it shall present the characteristics cited upon sale. Maison Alsacienne de Biscuiterie-Atelier SAS also answers for any compliance defects resulting from the packaging, or the instructions for assembly or installation when it has been tasked with such aspects by the agreement or when they have been carried out at its sole liability.
6.2 Legal hidden defect guarantee
Maison Alsacienne de Biscuiterie-Atelier SAS shall provide the Customer with a Product exempt of hidden defects which would make it unsuitable for its intended use, or which significantly reduce this use to a degree meaning that the Customer would not have bought it for such a price as paid, had they been aware of such defects before ordering the Product.
These guarantees shall not influence the condition that Customer must submit the request within a 24-month period (excluding products with a nature that renders the application of this legal guarantee impossible) from the delivery of the Product (for the legal compliance guarantee) or from the discovery of the defect (for the legal hidden defect guarantee).
Compliance defects which appear within 24 months of delivery are presumed to have existed at the time of delivery, unless evidence otherwise can be provided.
In the event of a non-compliance identified for a Product sold by Maison Alsacienne de Biscuiterie-Atelier SAS, the Customer may choose between the repair and the replacement of the Product, unless one of these choices entails significantly disproportionate costs for Maison Alsacienne de Biscuiterie-Atelier SAS. Should it be impossible to repair or replace the Product, the Customer may be reimbursed for the price paid and return the Product, or keep the Product and receive a partial reimbursement, unless the compliance defect is deemed to be minor.
In the event of a hidden defect identified for a Product sold by Maison Alsacienne de Biscuiterie-Atelier SAS, the Customer shall have the choice of either returning the Product and receiving reimbursement of the price and any fees incurred by the sale, or keeping the Product and receiving a partial reimbursement.
Under all circumstances, it is up to the Customer to prove that they have correctly met the conditions of the guarantee.
The return, replacement or reimbursement of the Product shall not incur any costs for the Customer and shall not hinder any allocation of damages and interests in the case whereby the Customer is entitled to such payments.
In the event of compliance defects and/or hidden defects identified and confirmed by Maison Alsacienne de Biscuiterie-Atelier SAS, if the decision is made to return the Product, the Customer must ship it to the following address: Maison Alsacienne de Biscuiterie/ MAB-Atelier SAS/ 7 rue Emile Schwoerer /68000 COLMAR (FR). The Customer must first contact the Customer Services Department via email to obtain: service-client@mabiscuiterie.com. A return reference number, as well as any further details relating to shipping. No parcel will be accepted without a return reference number. This number must be written, clearly and in marker pen, on the parcel.
7. Reservation of ownership
Any products ordered remain the property of Maison Alsacienne de Biscuiterie/ MAB-Atelier SAS until it has received full payment for the price due. Conversely, the Customer assumes the risks (namely risks of loss, theft or deterioration) concerning the Products delivered, as from the moment when they're delivered to the address indicated on the order.8. Miscellaneous
These General Terms and Conditions of Sale are governed by French law. Any dispute arising from the interpretation or execution of the General Terms and Conditions of Sale, and any agreement concluded with a Customer shall fall under the exclusive jurisdiction of the Commercial Court.
8. Limitation of liability
Under no circumstances shall Maison Alsacienne de Biscuiterie-Atelier SAS be held liable for any damages which have not resulted from a breach committed by Maison Alsacienne de Biscuiterie-Atelier SAS of any of its obligations.
9. Data
All information relating to the collection and processing of Customers' personal data by Maison Alsacienne de Biscuiterie-Atelier SAS can be found at the following address: service-client@mabiscuiterie.com.
10. Intellectual property
All documents, textual information, graphics, images, photographs or other content published on the Website are the exclusive property of Maison Alsacienne de Biscuiterie-Atelier SAS. Consequently, they may not be reproduced or used for any purpose without the express authorisation of the Publishing Director.
Maison Alsacienne de Biscuiterie-Atelier SAS is the holder of all intellectual property rights associated with the Products and the trademarks and distinctive branding under which the Products are marketed.
The Customer unreservedly acknowledges that such is the intellectual property of Maison Alsacienne de Biscuiterie-Atelier SAS and undertakes not to infringe these rights in any means whatsoever. More specifically, the Customer expressly undertakes not to produce, sell, grant licence or market, in any manner whatsoever, directly or via a third party, for their own profit or for that of a third party, the Products, imitations or reproductions of the Products, or the intellectual property rights associated with the products and the trademarks belonging to Maison Alsacienne de Biscuiterie-Atelier SAS.
11. Miscellaneous
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute arising in regard to the application and/or interpretation of these General Terms and Conditions of Sale, the Customer has the option of initiating a conventional mediation procedure or any other alternative procedure for dispute resolution. In compliance with Order No. 2015-1033 of 20 August 2015 and with Implementation Decree No. 2015-1382 of 30 October 2015, any consumer dispute or litigation, subject to Article L.612-2 of the French Consumer Code, may be also subject to an amicable solution found through mediation with the CMAP – Paris Centre of Mediation and Arbitration. To file a dispute with the mediator, the Customer may (i) complete the form on the CMAP's website:www.cmap.fr Section: "You are a: a consumer" (ii) send their request by letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the method used to consult the CMAP, the Customer's request must contain the following elements in order to allow for its prompt processing: Their address, email address and telephone number, and the full name and address of Maison Alsacienne de Biscuiterie-Atelier SAS, a brief summary of the issue at hand, and evidence of the prior procedures followed with Maison Alsacienne de Biscuiterie-Atelier SAS.
Notwithstanding the above stipulations, in the event of disputes and in compliance with Regulation 1215/2012 of 12 December 2012:
- The Customer may file the case with the Court allocated to their elected domicile, or the French courts,
- Maison Alsacienne de Biscuiterie-Atelier SAS may also file the case with the Court allocated to the Customer's domicile.
12. Additional information
Maison Alsacienne de Biscuiterie-Atelier
MAB-ATELIER SAS
Siret: 803 762 160 00015
Intra-community VAT No.: FR61 803 762 160
APE code: 1072Z
Address: 7 rue Emile Schwoerer ZI Nord 68000 COLMAR (FR)
Tel.: +33 (0)3 89 21 85 10
Email : service-client@mabiscuiterie.com