Terms of Sales

ARTICLE 1: Application and acceptance of the general conditions of sale

These general conditions of sale (“GTC”) apply, without restriction or reservation, to all distance sales concluded by SAS Mic Mac Pâtisserie registered with the RCS of Antibes under number 513 310 003 (the “ Seller" or "Mic Mac") from any consumer or professional buyer (the "Customer" or "You") wishing to acquire the products offered for sale (the "Products") by the Seller on the website www.micmac- macaron-pro.fr (the “Website”). They specify in particular the conditions of ordering, payment, delivery and management of any reimbursements of the Products ordered by the Customer on the Website.

By "Customer" is meant exclusively any natural person aged at least eighteen (18) years placing an order for the purposes of his professional activity, and any legal person acting for professional purposes, all having a n ° Siret, which agrees to fill in the mandatory fields for the registration of its order and has a delivery address located in one of the areas served by the Seller, as defined in Article 6 of these GCS.

The T&Cs are accessible at any time on the Website or on request. As the GCS may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed. They will prevail over any other version or any other contradictory document. Mic Mac therefore invites Customers to carefully re-read the current T&Cs, with each new order.

Any validation of an order by the Customer implies full and complete acceptance of these GCS and the special conditions of his order (products, quantities, prices, method and delivery times, etc.). The Customer declares to have read and accepted them by checking the box provided for this purpose before validating the order.

SECTION 2: Products

Product information

Mic Mac pays particular attention to the presentation of each Product on the Website and indicates their sales name, quantity, price, means of payment accepted by Mic Mac, any delivery restrictions as well as the information required by the legislation in force according to the nature of the Products, thus allowing the Customer to know their essential characteristics. Mic Mac indicates the "optimum use-by date" (DLUO) on the packaging of the Products.

The photographs of the Products are not contractual and are provided for information only.

Product quality

Mic Mac pays particular attention to the quality of the Products offered for sale on the Website. The Products are stored in optimal storage conditions and are prepared and packaged according to strict quality rules.

Conditions specific to macaroons

For better tasting, Mic Mac macaroons should be kept cool and away from light for the week following the change to positive temperature. The macaroons sent to Customers are delivered at negative temperature in specific packaging to protect the goods from any damage during transport. Mic Mac particularly draws the attention of its Customers to the need to:

• Place the macaroons in the freezer upon receipt of the package.
• Store macaroons in the freezer.
• Mic Mac no longer guarantees the freshness of macaroons collected by the recipient more than 72 hours after the date of their departure from the logistics center of Chronofreeze.

Allergy Warning

The Food Products sold on the Website contain certain allergens specified for each Product by perfumes. A summary table of these allergens is available on request.

Product availability

Mic Mac reserves the right to modify its offer and its range of Products at any time. Mic Mac undertakes to honor orders received on the Website only within the limits of available stocks. Exceptionally, a Product advertised as available on the Website could be unavailable after final registration of the order. In case of unavailability of the Product, Mic Mac will replace the missing product with another product.

ARTICLE 3: Order

Account creation

To place an order, you must have opened a customer account on the Website, which requires the provision of personal data. Mic Mac will then need to validate your account. Mic Mac reserves the right to refuse account validation if it considers that the customer does not meet the conditions of article 1 of these GCS. You confirm that the information communicated to Mic Mac is sincere, accurate and up-to-date. You can update and correct your data at any time by going to your customer account. All information communicated by the Customer remains under his sole responsibility and all anomalies generated by the Customer cannot be attributed to Mic Mac in the event that it becomes impossible to proceed with the order or to ensure a positive result.

You must choose a login and a password to access your account that you must not communicate to anyone. Mic Mac will not be responsible for any loss or damage that may occur as a result of a lack of protection of your login or password. If you have forgotten your password, an appropriate function on the Website allows you to recover them using your email address.

Order registration

The recording of an order is carried out according to the following methods:

- Selection of Products by placing in the basket;

- Validation of the contents of the basket;

- Identification of the Customer with creation or connection to his customer account;

- Information on billing and delivery;

- Verification and validation of the order and acceptance of the GCS by ticking the box provided for this purpose;

- Information and validation of payment.

The Customer has at each stage of the process of entering his order and before its validation, the possibility of correcting or modifying his choices. The information communicated by the Customer when taking the order commits the latter: in the event of an error by the Customer in the wording of his contact details or those of the recipient or even the place of delivery, in particular his surname, first name, address, telephone number, e-mail address, door code, resulting in the loss of the Products, the Customer will be responsible for the payment of the lost Products and no compensation or reimbursement can take place. Before validating the payment of his order, it is therefore up to the Customer to verify the accuracy of the order and to make the changes.

The validation of the order by the Customer implies acceptance of all of these GCS. Upon validation of the order by the Customer, the order is registered automatically. No modification will be taken into account by the Seller.

Order confirmation

Mic Mac confirms receipt of his order to the Customer by e-mail to the address indicated by the Customer in order to summarize the Products ordered, the address, the means of payment and his order number.

Any order placed by the Customer will only be final after receipt by the Customer of the confirmation of the order and after registration by the bank of the full price of the order, delivery costs included. The distance selling contract between the Customer and Mic Mac is formed when the order is confirmed by Mic Mac.

Mic Mac reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or who, in his view, presents any form of risk.

Changing the order

Any order modification by the Customer after confirmation of his order by Mic Mac is subject to prior acceptance by Mic Mac.

proof of order

Confirmation of the order by Mic Mac, the data recorded by the Seller using the automatic registration systems of the Website or by its distance selling service as well as any electronic mail exchanged between the Seller and the Customer will be considered as valid proof of the nature, content and date of the transaction in the event of a dispute between the parties and will be kept by the Seller for the period necessary with regard to the legal rules of prescription.

SECTION 4: Privacy Policy

The privacy policy informs you of the use we make of the personal data collected via our website www.micmacpatisserie.com and its derivatives (the “Website”).

Our website is operated by SAS Mic Mac Pâtisserie, which undertakes to protect and respect your privacy in accordance with the rules on the protection of personal data, such as those resulting from the amended Community Directive 95/46/EC. Our privacy policy applies to all visitors and customers over the age of 18 who use our Website.

We use information about you in the following ways:

- To provide you with access to your customer account and shopping cart

• To place an order via our website
• To contact you directly if necessary on your orders: contact form ..

Our privacy policy may change at any time. Please check regularly for the latest updates to our Privacy Policy.

ARTICLE 5: Price and terms of payment

Price

The Products are supplied at the current prices appearing on the Website when the Customer registers the order. The prices are expressed in euros, excluding tax and, where applicable, all taxes included according to the VAT rate in force on the day of registration of the order. The processing, shipping, transport and delivery costs will be invoiced in addition under the conditions indicated on the Website and calculated prior to the validation of the order. Any additional costs added to the price of the Product(s) ordered must be subject to the Customer's express consent. The final price requested from the Customer corresponds to the total amount of the purchase, including these costs. The total price inclusive of tax indicated in the order confirmation sent by Mic Mac is the total price of the order expressed with all taxes included, including the price of the Products and any additional costs.

The prices displayed on the Website are liable to be revised at any time without notice depending on the price of seasonal products and economic conditions.

An invoice is established by the Seller and available on the customer account in the section “My account > My orders > Order details.

Payment (transaction security)

The Customer acknowledges that placing an order necessarily entails cash payment thereof at the time of the order by credit card or exclusively through a secure payment system from the company Stripe.

The bank cards accepted for online payment are as follows: Carte Bleue, Visa, MasterCard and American Express. The Customer enters his card number, his expiry date as well as the cryptogram code (composed of three or four digits depending on the card, located on the back of the bank card) then validates the data or has the possibility of returning to the page former.

The payment request is sent in real time to the Stripe secure payment system, which ensures that the bank card is valid (no entry error, no opposition) and confirms the registration of the payment by issuing a number of transaction or informs that the transaction is refused.

In case of fraudulent use, Mic Mac cannot be held liable. In the absence of bank provision, or in the event of refusal by the banks, the order will be automatically canceled and the Customer notified by e-mail.

It is possible that the customer goes "in account". As a result, payments are then made 30 days after the invoice is issued. Mic Mac decides on the transfer to the Client's account. By express agreement, failure to pay on the due date will automatically result in the payment of a late payment penalty equal to 10% per annum on the sums remaining due. A fixed compensation for recovery costs of €40 per invoice is also due in the event of late payment.

ARTICLE 6: Delivery

Terms

Products can only be shipped after validation of the transaction by Stripe. The Products ordered will be delivered in metropolitan France (Corsica excluded). Delivery takes place within 24 or 48 hours excluding weekends, the day before public holidays and public holidays, and to the address provided by the Customer when ordering on the Website. The delivery is constituted by the transfer to the Customer of the physical possession of the Product ordered. Except in special cases or unavailability, the Products ordered are delivered in one go.

delivery time

Mic Mac makes every effort to deliver the Products ordered by the Customer within the deadlines indicated below and provided for information purposes only. The Seller is responsible for the proper performance of the contract under the conditions of Article L. 122-15 of the Consumer Code.

If the Products ordered are not delivered within thirty (30) working days after confirmation of the order, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the Customer's request within the conditions provided for in Articles L. 216-2 and L. 216-3 of the Consumer Code. The sums paid by the Customer will be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

Delivery methods

The products ordered are delivered by the company Chronofreeze in 24 or 48 hours or weekends, eves of public holidays and public holidays. A longer delay may occasionally apply. The products are delivered directly by Mic Mac in the PACA region. Another carrier may be requested if the quantity ordered is too large or in the event of default by the historic carrier.

Shipping: Order tracking is provided by the carrier. An email will be sent to the Customer when the package is deposited at the warehouse and upon delivery.

Delivery address: The Customer is responsible for the information relating to the name and address of the recipient. These mentions must be precise, exact, and complete to allow a delivery under the normal conditions. The Seller cannot under any circumstances be held responsible for a return delivery due to an error in the address or an impossibility to deliver to the address indicated.

In the absence of the recipient, the carrier will leave a transit advice note at the place of delivery with instructions on the steps to take to collect the package.

ARTICLE 7: Reception

Receipt of the Products takes place when the Customer takes physical possession of the Products (the " Reception "). The Customer must check the condition of the Products upon receipt. In the event of shortages, losses or damage, the Customer must make all reservations with the carrier, specifying the nature and extent of the damage on the delivery slip.

The Customer will confirm, within three (3) days of Receipt, in writing (email or letter) to Mic Mac, the reservations he has made. His complaint must be accompanied by a photograph clearly showing the degradation of the Product. After this period, the Products delivered will be deemed to be free of all defects.

Mic Mac will reimburse or replace at its own expense the products that are not in conformity or affected by a defect upon receipt.

Mic Mac cannot be held responsible for defects occurring after the Customer has stored the macaroons in its premises. Any damage that occurs later is the full responsibility of the Customer.

ARTICLE 8: Transfer of ownership and risk

The transfer of ownership of the Products from the Seller to the Customer will only be made after payment of the price has been recorded by Stripe.

The transfer of risks will take place upon receipt of the Products. From this date, the Customer will assume full responsibility for all damages that the Products may suffer or cause. The Products therefore travel at the Seller's risk and peril.

ARTICLE 9: Claims and customer service

The Seller makes every effort to best satisfy its customers. However, the Customer may address his complaints to Mic Mac:

- by mail: Mic Mac Pâtisserie - Customer Service – Industrial Zone, 4th avenue, 10th street 06510 Carros

- by phone: during opening hours* on +33.4 89 14 33 47

*Monday to Friday, 10 a.m. to 12:30 p.m. and 2:30 p.m. to 7 p.m.

For reasons of food hygiene and safety, Mic Mac will not accept any returns or exchanges of foodstuffs. After analyzing the situation, Mic Mac will determine at its discretion the appropriate arrangement, the refund of the sums paid or a new delivery of the Products within thirty (30) days of the cancellation of the order. By accepting such replacement or refund, the Customer or any other party concerned agrees to waive any additional claim that may be made, including in particular the payment of interest.

MICMAC IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT ANY LIMITATION, LOSS OF PROFITS, REVENUES OR BENEFITS ARISING FROM OR RELATING TO A VIOLATION OF THESE TERMS AND CONDITIONS OF SALE OR A CLAIM AGAINST YOU. BY ANY THIRD PARTY.

ARTICLE 10: Right of withdrawal

The right of withdrawal does not apply to contracts relating to the supply of the following Products:

• goods made to the consumer's specifications or clearly personalized: this concerns all orders of personalized macaroons.
• fresh and perishable products such as macaroons, chocolates, pastries
• goods unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

ARTICLE 11: Warranty

The Products sold on the Website comply with the regulations in force in France. The Products benefit by right and in accordance with the legal provisions from the legal guarantee of conformity and the legal guarantee against hidden defects.

ARTICLE 12: Intellectual property rights

The content of the Website including, in particular but without limitation, the texts, comments, illustrations, photographs and images reproduced on the Website are the exclusive property of Mic Mac Pâtisserie and are protected by intellectual property rights. Any total or partial reproduction of the Website is strictly prohibited, except with the prior written authorization of Mic Mac. Any violation of our brands and the integrity of our products could justify the initiation of civil or criminal proceedings.

ARTICLE 13: Applicable law and disputes

These T&Cs are subject to French law. In the event of a dispute, an amicable solution will be sought first before any legal action. To this end, we kindly ask our Customers to contact us via our contact form: contact form .. In the absence of an amicable solution, any legal action will be brought before the courts.