General Terms and Conditions of Sale

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("the Clients or the Client"), wishing to acquire the products offered for sale ("the Products") by the Seller on the website https://plaisirspralines.com. The Products offered for sale on the site are the following:

Homemade production and online sale of praliné paste (caramelised and ground nuts) and pastry kits (assembly of dry ingredients), also offered in personalised form (labels, cartons, supports).

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://plaisirspralines.com, which the Client must read before ordering. The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid within the limits of available stock, as specified when placing the order.

These GTCS are accessible at any time on the website https://plaisirspralines.com and shall prevail over any other document. The Client declares having read these GTCS and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure of the website https://plaisirspralines.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows: DA COSTA Marco, 3 rue de l'Ouest, 67490 Friedolsheim. Registration number: 948 308 184 R.C.S. Strasbourg. Email: contact@plaisirspralines.com

The Products are supplied at the rates in force on the website https://plaisirspralines.com, at the time the order is recorded by the Seller. Prices are expressed in Euros, excl. and incl. VAT.

The rates take into account any reductions that may be granted by the Seller on the site. These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are billed in addition, under the conditions indicated on the site and calculated before the order is placed. The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Client upon delivery of the ordered Products.

It is up to the Client to select on the website https://plaisirspralines.com the Products they wish to order, according to the following terms:

The Client chooses a product and adds it to their cart, which they may delete or modify before validating their order and accepting these general terms and conditions of sale. They will then enter their details or log in to their account and choose the delivery method. After validating the information, the order will be considered final and will require payment from the Client under the provided terms.

Product offers are valid as long as they are visible on the site, within the limits of available stock. The sale will only be considered valid after full payment of the price. It is up to the Client to check the accuracy of the order and immediately report any error.

Any order placed on the website https://plaisirspralines.com constitutes the formation of a distance contract between the Client and the Seller. The Seller 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.

The price is paid by secure payment, under the following terms: payment by bank card. The price is payable in full by the Client, in cash, on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider handling the banking transactions carried out on the website https://plaisirspralines.com.

Payments made by the Client will only be considered final after actual collection by the Seller of the sums due. The Seller shall not be obliged to deliver the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above.

The Products ordered by the Client are delivered to metropolitan France and to European Union countries. Deliveries take place within a period of 3 days preparation time for your order, and approximately 5 days for delivery in metropolitan France (longer delays may apply for deliveries outside France), in working days, to the address indicated by the Client when ordering on the site.

Shipping costs are calculated based on the parcel weight and the destination country, and are shown to the Client before payment is validated. Delivery is free in metropolitan France from €80 of purchases; this offer does not apply to deliveries outside metropolitan France.

Delivery is available to the European Union countries offered during checkout. Certain destinations subject to specific customs formalities are excluded, including the Canary Islands, Ceuta, Melilla, the Åland Islands, as well as French overseas departments, regions and territories. If an order is exceptionally placed for a destination that we do not serve, Plaisirs Pralinés reserves the right to cancel it before shipping and will issue a full refund.

The Client may cancel their order as long as it has not been shipped and receive a full refund. After shipping, the right of withdrawal applies under the conditions set out in ARTICLE 7.

Delivery consists of the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment. The Seller undertakes to make its best efforts to deliver the ordered products within the times specified above.

If the ordered Products have not been delivered within 15 days after the indicative delivery date, for any cause other than force majeure or the Client's act, the sale may be rescinded at the Client's written request under the conditions provided in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded at the latest within fourteen days following the date of termination of the contract, excluding any compensation or retention.

Deliveries are made by an independent carrier, to the address mentioned by the Client when ordering, which the carrier can easily access.

The Client must check the condition of the delivered products. They have 48 hours from delivery to file complaints to contact@plaisirspralines.com, accompanied by all related supporting documents (photos in particular). After this period and failing to have observed these formalities, the Products will be deemed compliant and free of any apparent defect and no complaint may be validly accepted by the Seller.

The Seller will refund or replace as quickly as possible and at its expense the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided in articles L 217-4 et seq. of the Consumer Code. The transfer of risks of loss and deterioration will only take place when the Client takes physical possession of the Products.

The transfer of ownership of the Products from the Seller to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.

According to the terms of article L221-18 of the Consumer Code: "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good."

The right of withdrawal may be exercised online, using the withdrawal form available on the site or any other unambiguous declaration expressing the will to withdraw, and in particular by postal mail sent to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, unopened product, intact tamper-evident seal, unopened and intact kits) allowing their resale in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. Return costs remain at the Client's expense.

The exchange (subject to availability) or refund will be made within 14 days from receipt, by the Seller, of the Products returned by the Client under the conditions provided in this article. Personalised, unique Products manufactured exclusively to meet a Client order will be neither taken back nor refunded.

The Products supplied by the Seller benefit from the legal guarantee of conformity, for defective, damaged or non-compliant Products, and the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use.

Article L217-4 of the Consumer Code: "The seller is bound to deliver a good in conformity with the contract and is liable for defects of conformity existing at delivery. It is also liable for defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility."

Article L217-12 of the Consumer Code: "The action resulting from the defect of conformity is prescribed by two years from delivery of the good." Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them."

In order to enforce their rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery. The Seller will refund, replace or have repaired the Products or parts under guarantee deemed non-compliant or defective, at the latest within 30 days following observation of the defect.

The Seller's liability cannot be engaged in case of non-compliance with the legislation of the country in which the products are delivered, improper use, use for professional purposes, negligence or lack of maintenance by the Client, as well as in case of normal wear, accident or force majeure. The photographs and graphics presented on the site are not contractual.

The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for delivery purposes. This data is collected only for the performance of the sales contract.

9.1 Collection: when ordering, the names, postal address, telephone number and email address are collected. As part of payment, banking data is processed by the approved payment provider; it is neither collected nor stored by the site.

9.2 Recipients: the data is used by the Seller and its co-contractors (transport providers, payment establishments) for the performance of the contract.

9.3 Data controller: the Seller, within the meaning of the Data Protection Act and Regulation 2016/679 (GDPR) from 25 May 2018.

9.5 Retention period: personal data linked to the customer account is kept until account deletion. Orders and invoices are kept for 5 years under the accounting obligation and the limitation period for contractual civil liability; upon account deletion, directly identifying data is erased or anonymised, orders being kept in anonymised form for legal obligations.

9.7 Rights: Clients have a right of access, update, rectification, deletion, portability and opposition, exercisable by mail or email to the Data controller. In case of refusal, a reasoned response is provided within a maximum period of one month; the Client may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS).

The content of the website https://plaisirspralines.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offence.

These GTCS and the operations arising from them are governed by and subject to French law. These GTCS are drafted in the French language. In the event they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1. The Client may use conventional mediation with sectoral mediation bodies or any alternative method of dispute resolution (conciliation).

The designated mediator is: CNPM - MEDIATION - CONSOMMATION, 27 Avenue de la Libération, 42400 SAINT-CHAMOND — http://cnpm-mediation-consommation.eu — Email: contact-admin@cnpm-mediation-consommation.eu.

Any dispute not settled amicably or by mediation will be submitted to the competent courts under common law conditions.