Terms of sale

Terms and Conditions of Sale Oh Oui !

ARTICLE 1: DEFINITIONS

"Boutique": physical sales outlet under the "Oh Oui !" banner located at 95, rue du Bac - 75007 Paris.

"Customer": means a consumer as defined in the preliminary article of the French Consumer Code, acting exclusively on his or her own behalf and having full legal capacity to contract.

"Order": refers to any request made by the Client on the Website with a view to purchasing Product(s).

"Delivery": means the handing over of the ordered Products to the Customer.

"Party(ies)": means the Seller and/or the Customer.

"Products": refers to all the pastries offered for sale by the Seller on the Website.

"Website": refers to the Seller's website which can be accessed via the Internet at the following address: https://www.ohoui.com.

"Vendor": refers to the company MADEMOISELLE DESSERTS FRANCE.

"Sale": refers to the act of transferring ownership between the Vendor and the Customer, and carried out exclusively via the Internet Site.

ARTICLE 2: GENERALITIES

The Seller's business is the sale of low glycemic index pastries. In order to better meet the expectations of its customers, the Seller wished to be able to sell some of its products electronically (via the Internet).

The system thus set up, which requires an active approach on the part of the Customer, complies in all respects with the requirements for distance selling and, in particular, with Articles L.111-1, L.112-1 and L.221-5 et seq. of the French Consumer Code.

The Sales Order transmitted via e-mail must be strictly reserved for personal use by the recipient of the Product(s), and shall not be sold or transferred to any third party.

ARTICLE 3: TERMS OF APPLICATION

The present general terms and conditions of sale are applicable to all sales of Products concluded at a distance, with a view to collection from the Sales Outlet or delivery.

The Client declares that he/she has read and understood these General Terms and Conditions of Sale before placing his/her Order. The validation of the Order therefore implies the Customer's full and unreserved acceptance of these terms and conditions of sale.

Before validating their Order on the Web Site, Customers must first read these terms and conditions of sale and then confirm their agreement with them by clicking on a box or a button on the Web Site to confirm their acceptance.

In accordance with the provisions of Article 1127-1 of the Civil Code, these general terms and conditions of sale may be retained by any person visiting the Website, by means of a computer record, and may also be reproduced by the Customer, by means of printing them.

These general terms and conditions of sale shall apply as long as they appear on the Website. These general terms and conditions of sale may be modified at any time, in particular to bring them into line with new legal or regulatory provisions. It is therefore understood that the applicable conditions are those in force on the Web Site at the time the Order is placed. The date on which these general terms and conditions of sale are posted online shall be deemed to be the date on which they come into force.

In the event that, subsequent to the date of their removal from the Web Site and their replacement, these general terms and conditions of sale should nevertheless remain accessible to the public via other Web sites or by any other means, they shall no longer be enforceable against the Seller.

ARTICLE 4: IDENTIFICATION OF THE AUTHOR OF THE OFFER

MADEMOISELLE DESSERTS France

SAS with a share capital of 500,000 €, registered in the Versailles Trade and Companies Register under number 817421605

Head office : 14 place Georges Pompidou 78180 Montigny le Bretonneux

VAT n° FR 67817421605

Phone number: +33(0)1.30.44.39.47

Hosting:

This site is hosted on Shopify. They provide the e-commerce platform of the seller which allows him to sell his products to the customer. www.shopify.com.com

ARTICLE 5: PRODUCT INFORMATION

Information about all Products is available on the Website. This information complies with the requirements of the legal and regulatory texts in force and, in particular, with articles L. 111-1 and L. 112-1 of the Consumer Code and with the ministerial order of 3 December 1987 "relating to consumer information on prices".

Each Product is presented by a photograph and a description established by the Seller. These photographs and descriptions are intended to present the essential characteristics of the Products to the Customer before the Order is placed. The photographs, graphics, reproductions and descriptions of the Products and their packaging are only indicative and are not binding on the Seller.

Article 6: ORDERS

6.1 How to place an Order:

Orders are placed via the Web Site. The Customer shall bear the telecommunications costs of accessing the Internet and using the Web Site.

In accordance with the provisions of article 1127-1 of the French Civil Code, all the steps necessary for the sale are specified below:

(i) In order to place an Order, the Customer shall click on the "add to basket" icon located next to the Products. Each new addition to the basket will be indicated by the appearance of a specific screen. At any time, the Customer may:

- obtain a summary of the Products they have selected or modify their Order, by clicking on the "My basket" icon accessible on each page;

complete their selection of Products and choose their delivery method by clicking on "Payment".

(ii) Once the selection of Products has been completed and the Delivery method chosen, the Customer will fill in an Order form specifying certain mandatory fields. In particular, the Customer undertakes to indicate:

- his/her surname(s), first name(s), telephone number and e-mail address. Said e-mail address must be perfectly valid and in perfect working order;

- if he/she opts for Home Delivery (Paris and close suburbs), a postal address to which the Delivery can be made during working hours from Tuesday to Saturday and located in one of the delivery cities served by our delivery provider.

- if he/she chooses Home Delivery (all France except Corsica and Overseas), a postal address to which the Delivery can be made from the day following the collection by our delivery service provider Chronofresh, during the hours of 8am to 1pm.

(iii) A summary of the Order will then be provided, containing all the information relating to the Order, namely: the nature, quantity and price of the Products, the total amount (including shipping costs) of the Order, the Customer's contact details, the delivery address and the invoicing address, in accordance with Article 1127-2 of the French Civil Code.

(iv) Once the Customer has checked the status of his/her Order, he/she shall be invited to either

- either to click on the "payment" button in order to proceed with the payment of his/her Order;

- or to click on the "Back to basket" button in order to modify the characteristics of their Order and/or their personal details.

(v) By clicking on the "Continue" button, the Customer must, after having read these terms and conditions of sale, tick the "I accept the terms and conditions" box. The Customer will then be deemed to have accepted these terms and conditions and the fact that his/her Order implies an obligation to pay.

(vi) The Customer must then click on the "order" button to finalise and make the order effective.

In the event of prolonged inactivity during the connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Customer will then be invited to resume his selection of Products from the beginning.

Once the Customer has validated his/her Order, the Seller shall acknowledge receipt thereof without delay (unless justified) and by electronic means in accordance with Article 1127-2 of the Civil Code.

However, the Sale shall only be considered definitive once confirmation of dispatch has been sent to the Customer.

The Order confirmation e-mail sent to the Customer shall contain the following information

- the Order number;

- a summary of the Order (description of the Product(s) ordered, quantity, price)

- the total amount of the Order, including all taxes

- the delivery costs;

- confirmation of payment;

- the terms and conditions for the delivery of the Products ordered.

The data recorded by the Seller for delivery and invoicing purposes shall constitute proof of all transactions between the Seller and the Customer.

6.2 Refusal of Orders:

The Seller shall be entitled to refuse any Order that is abnormal or placed in bad faith. The Seller shall also be entitled to refuse any Order from a Customer with whom there is a dispute over payment of a previous Order. Such refusals shall be deemed to constitute a "legitimate reason" within the meaning of article L.121-11 of the French Consumer Code.

ARTICLE 7: PRICES

The prices of the Products are indicated in euros and include all taxes. The Seller reserves the right to modify its prices at any time and without notice. The applicable prices shall be those indicated on the Web Site at the time the Customer places his/her Order.

VAT shall be applied at the rate in force at the time the Order is placed. The prices of the Products do not include delivery costs. The latter shall be communicated to the Customer before the latter validates the Order.

In accordance with the provisions of article L.221-11 of the French Consumer Code, the Customer will receive, at the latest upon delivery, written confirmation of the price paid for each Product, with details of the price of the Products and the delivery charges payable by the Customer.

ARTICLE 8: PAYMENT CONDITIONS

The payment of the Customer's purchases is made by credit card. The Seller only accepts French CB and Visa bank cards and international Eurocard and Mastercard bank cards. Any other type of bank card will be refused.

The Customer's bank card shall be debited at the time the Order is placed. To this end, the Customer guarantees the Vendor that he/she is the holder of the bank card and that the name appearing on the bank card to be debited is indeed his/her own, and then communicates in a secure environment the sixteen-digit number and expiry date appearing on the front of his/her bank card, as well as the visual cryptogram numbers appearing on the back of his/her bank card.

The payment process is protected by the SSL (Secure Socket Layer) encryption system and reinforced by the 3D secure payment process. Indeed, only the manager of the Seller's payment terminals, namely BNP, keeps this information after having encrypted it. This is why the Customer's bank details shall be requested for each Order.

The validation of the Order shall only be considered final and binding on the Parties once the Customer has paid the price of the Order. Payment by card shall be validated immediately. It is therefore the Customer's responsibility to save and print out the payment certificate if he/she wishes to keep the bank details of the transaction.

At no time shall the sums collected on the Web Site be considered as deposits or down payments.

The Customer guarantees the Seller that the means of payment used is valid and is not the result of a fraudulent operation. The Seller reserves the right to cancel any Order in the event that the financial institutions refuse to authorise payment. In any case, the Seller reserves full ownership of the Products ordered until the price has been paid in full by the Customer.

ARTICLE 9 - PRODUCT AVAILABILITY

The Products sold on the Website are offered within the limits of available stocks. If a Product becomes unavailable, it will be removed from the Website as soon as possible or indicated as unavailable for a limited period of time.

However, in the event that the Customer orders a Product that is out of stock and that has not been indicated as such on the Website, the Seller shall contact the Customer by telephone or by e-mail as soon as possible in order to agree with the Customer :

- to postpone the Delivery while waiting for the restocking of this Product, when it is possible

- or to replace the Product by another one, equivalent in quality and price.

If the Customer refuses, the price of the Product in question will be refunded in full.

ARTICLE 10 - DELIVERY

When placing the Order, the Client may choose between the following delivery methods

- Pick-up in the Store

- home delivery by a specialised carrier appointed by the Seller, at a cost to the Paris area and its suburbs

- home delivery by a specialised carrier appointed by the Seller for frozen products anywhere in France

10.1 Withdrawal from the Shop

If the Customer chooses to collect the Products from the Shop, he/she must specify the desired collection date when placing the Order. This information, as well as the address and opening hours of the Boutique, will be confirmed in the Order summary e-mail. Upon receipt of this e-mail, the Customer undertakes to collect his/her Order from the Boutique on the agreed date, during the chosen time slot. If the Customer fails to collect the Order on the agreed date, the Seller does not guarantee the availability of the Order. The Customer shall not be entitled to any refund.

10.2 : Home delivery (Paris and suburbs)

When the Customer opts for home delivery in Paris and the surrounding suburbs, once the Order has been prepared, it shall be entrusted to a specialised service provider appointed by the Seller for delivery to the postal address provided by the Customer when placing the Order.

Home delivery shall only be possible if the delivery address given at the time the Order is placed is within one of the delivery areas served by the delivery service provider.

Delivery is monitored in real time. The Customer can track his or her delivery by SMS or via a web platform whose link is sent to him or her by SMS.

Any delay in delivery must be reported by the Customer by e-mail to contact@ohoui.com. The Customer shall have the option of cancelling the Order if it has not been delivered by the delivery date initially indicated to the Customer, subject to a delay that is not caused by the Customer or by a case of force majeure.

The Customer shall confirm receipt of the Products by means of an identification code.

If the Customer is absent, the carrier will remain at the delivery address for a maximum of fifteen (15) minutes. At the end of this period and without any news from the Customer, the carrier shall return the Products to the Seller's collection point.

In the event that the Customer has provided an incorrect or incomplete address when placing the Order, which does not allow the Products to be delivered, the latter shall not be reimbursed and the Products ordered and the cost of returning them shall be borne by the Customer, unless the Customer does not wish to have them returned.

Delivery shall be deemed to have taken place as soon as the Product(s) have been handed over to the Customer or to any other person present at the address given by the Customer when the Order was placed and who would present themselves to the carrier to receive the Products on behalf of the Customer.

If, upon delivery, the external appearance of the package is not perfect, the Customer shall open it in the presence of the carrier in order to check the condition of the Products. If the Product(s) is (are) damaged, the Customer may refuse the package. The carrier shall be responsible for informing the Seller. Upon receipt of this information, the Seller undertakes to reship an identical package to the Customer as soon as possible or to refund the price of the damaged Products.

10.2 : Home delivery (France)

When the Customer opts for home delivery throughout France, once the Order has been prepared, it shall be entrusted to a specialised service provider appointed by the Seller for delivery to the postal address provided by the Customer when placing the Order.

The delivery is tracked from the moment the package is collected by the service provider. The Customer can track his or her delivery via a web platform whose link is sent to him or her by SMS and/or e-mail.

Any delay in delivery must be reported by the Customer by e-mail to contact@ohoui.com. The Customer shall be entitled to cancel the Order if it is not delivered within seven days of the date initially indicated to the Customer and subject to a delay not resulting from the Customer or a case of force majeure.

In the event of the Customer's absence, the carrier shall return the Products to the designated collection point. It will then be possible for the Customer to schedule a new delivery within 21 days of the initially scheduled delivery date. If the Customer is absent, the Products will either be destroyed by the carrier or returned to the Seller's collection point.

If, following delivery, the Product(s) is (are) damaged, the Customer must inform the Seller. Upon receipt of this information, the Seller undertakes to reship an identical package to the Customer as soon as possible or to refund the price of the damaged Products.

ARTICLE 11: RIGHT OF WITHDRAWAL

In accordance with article L.221-28, 4° of the French Consumer Code, as the Products are perishable goods, the Customer has no right of withdrawal.

ARTICLE 12: LEGAL GUARANTEES

The Seller is bound, for all Products sold at a distance, to the application of the legal guarantees of conformity (articles L.217-4 to L.217-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code) under the conditions provided for by law.

For any request concerning the legal guarantees, the Customer must contact the Seller at contact@ohoui.com. It is specified that given the nature of the Products which must be consumed within twenty-four (24) hours of Delivery, any defect which appears after this period cannot be presumed to exist on the day of Delivery and no claim may be made in this respect.

Within the framework of the legal guarantee of conformity, if the non-conformity of the Product(s) is confirmed, the Seller undertakes, at the customer's choice

- either to replace the Product with an identical product depending on available stocks

- or to reimburse the price of the Product, within a maximum of thirty (30) days, if the replacement of the Product proves impossible.

Within the framework of the legal guarantee against hidden defects, if the non-conformity of the Product(s) is confirmed, the Seller undertakes, at the Customer's discretion

- either to reimburse him the price of the Product, within a maximum of thirty (30) days,

- or to refund part of the price of the Product within a maximum of thirty (30) days if the Customer decides to keep the product.

ARTICLE 13: CLAIMS - INFORMATION

For any information, complaint or question relating to the conditions of distance selling set up by the Vendor or to the Products themselves, the Customer shall contact the Vendor's customer service department at the following telephone number 01 43 22 36 65 and/or at the following e-mail address contact@ohoui.com, quoting, where applicable, the Customer's Sales Order number.

ARTICLE 14: INTELLECTUAL PROPERTY

The Web Site is owned and operated by the Seller.

Unless otherwise stated, all the elements of the Web Site, in particular the texts, trademarks, company names, logos, products, domain names, presentations, graphics, illustrations, photographs, films, tree structures and layouts are the exclusive property of the Seller.

As such, their representation, reproduction, nesting, distribution, adaptation, redistribution, whether partial or total, is prohibited. Any person doing so without being able to justify a prior and express authorization of the holder of the rights attached to the elements of the Internet Site exposes himself to an action for infringement.

Similarly, any representation, reproduction, nesting, distribution, adaptation or redistribution, in whole or in part, of the database contained in the Website is prohibited, except with the prior and express authorisation of the holder of the rights attached to the database used.

The same applies to all copyrights, designs and models, and patents which are the property of the Seller.

The Customer is not granted any license or any right other than that of consulting the Website.

It is specified that the reproduction of all elements or documents present on the Website for information purposes (for example by printing a page of the Website) is however authorised provided that this is for strictly personal and private use. Any reproduction and, in general, any use of copies of elements or documents present on the Website, made for other purposes, are expressly forbidden without the express authorisation of the holder of the rights attached to these elements or documents.

The user who has a website and who wishes to place on his site a simple link referring directly to the Website must first seek the permission of the Seller.

ARTICLE 15: FORCE MAJEURE

The execution by the Seller of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure which would hinder or delay its execution.

Such force majeure shall include any event beyond the Seller's control which could not reasonably be foreseen at the time of the Order and the effects of which cannot be avoided by appropriate measures, in accordance with Article 1218 of the Civil Code.

ARTICLE 16: DISPUTES - APPLICABLE LAW - MEDIATION

These general terms and conditions of sale are subject exclusively to French law.

In the event of a dispute relating to their interpretation and/or execution, the Customer is required to send his complaints by e-mail to contact@ohoui.com

In the event of failure to submit a complaint to the customer service or in the absence of a response from this service within two (2) months from the date of receipt of the written complaint, the Customer may refer the matter free of charge to a consumer mediator who will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution, in accordance with Articles L.611-1 et seq. of the Consumer Code. https://mediateur.fcd.fr/

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Terms of sale