TERMS AND CONDITIONS
Application and enforceability of the conditions of sale
These General Conditions of Sale (CGV) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing the order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.
The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer declares to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.fouquet.fr.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or quantities of the Products, are presented on the site www.fouquet.fr, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer.
No special conditions, nor other general conditions emanating from the customer, can, without the express agreement of La Maison FOUQUET, prevail over these conditions. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded.
Any contrary condition posed by the customer will therefore, in the absence of express acceptance, be unenforceable against La Maison FOUQUET regardless of when it may have been brought to its attention.– The fact that La Maison FOUQUET does not rely on a given moment of any of these general conditions of sale, cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said conditions.
The contact details for the head office of Maison FOUQUET are as follows:
Maison FOUQUET
36, rue Laffitte
75009 Paris
Tel: +33 1 47 70 85 00
Email: maison-fouquet@fouquet.fr
Share capital: €100,800
RCS Paris: B 307 047 357
Intracommunity VAT: FR13 307 047 357 000 16
Order taking and confirmation
The customer undertakes to fill in the various existing sections (address, telephone number, delivery address, payment method).
Each product request is subject to acceptance by La Maison FOUQUET. Maison FOUQUET reserves the right to reject any order due to insufficient stock, incomplete customer information, or for any other legal reason. If we encounter a problem fulfilling your order, we undertake to inform you within two working days following your order.
From the moment the package is handed over to the carrier, no cancellation can be taken into account and the price paid will not be refunded.
Withdrawal period
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following cold calling or off-premises, without having to give reasons.
The period mentioned in the first paragraph runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him. In the case of an order for several products delivered separately, the period starts from receipt of the last good or batch or the last part.
For contracts providing for regular delivery of products over a defined period, the period runs from receipt of the first product. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
The consumer returns or returns the goods to the professional or a person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw. The shipping address is indicated in article 1 of these General Terms and Conditions.
The direct costs of returning the products are the responsibility of the customer.
When the right of withdrawal is exercised, Maison FOUQUET reimburses the consumer for the totality of the sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw.
Maison FOUQUET may defer reimbursement until recovery of the products or until the customer has provided proof of shipment of these goods, the date chosen being that of the first of these events.
Maison FOUQUET makes this reimbursement using the same means of payment as that used by the customer for the initial transaction, unless expressly agreed to use another means of payment and to the extent that the reimbursement does not incur costs for the customer.
Maison FOUQUET is not required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
Price
The prices indicated on the order form are in Euros including tax, from our workshop on rue Laffitte – 75009. The applicable VAT is that in force for chocolate, confectionery and delicatessen products and is applies to orders destined for mainland France, Corsica and European Union countries. The general price can be revised freely by La Maison FOUQUET.
The prices do not include delivery costs which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order. These delivery rates depend on the destination location, weight and volume of the package. For more information on these prices, you can contact us.
The payment requested from the customer corresponds to the total amount of the purchase including these costs – The period mentioned in the first paragraph runs from the day of receipt of the good by the consumer or a third party, other than the carrier, designated by him. In the case of an order for several products delivered separately, the period starts from receipt of the last good or batch or the last part.
For contracts providing for regular delivery of products over a defined period, the period runs from receipt of the first product. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
The consumer returns or returns the goods to the professional or a person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw. The shipping address is indicated in article 1 of these General Terms and Conditions.
The direct costs of returning the products are the responsibility of the customer.
When the right of withdrawal is exercised, Maison FOUQUET reimburses the consumer for the totality of the sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw.
Maison FOUQUET may defer reimbursement until recovery of the products or until the customer has provided proof of shipment of these goods, the date chosen being that of the first of these events.
Maison FOUQUET makes this reimbursement using the same means of payment as that used by the customer for the initial transaction, unless expressly agreed to use another means of payment and to the extent that the reimbursement does not incur costs for the customer.
Maison FOUQUET is not required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
Payment
Payment is made in cash online by credit card. This is the reason why there are no discount conditions or late payment penalties.
The currency used for the transaction is the Euro. The amount debited from the account of the bank card used will depend on the rate of the Euro on the day of debit and any exchange fees charged by the bank issuing the card.
To be registered, the order must be paid in full. Unpaid orders cannot be delivered.
When processing your payment transactions on the lamaisonduchocolat.fr site, our partner INGENICO PAYMENT SERVICES adapts the most demanding security standards on the market such as SSL 3.0 encryption techniques. 128 bits. Additionally, INGENICO is triple certified by AE (TDC), Mastercard and VISA (PCI DSS) for compliance and enforcement of strict security standards.
The invoice corresponding to the order placed is sent in the order shipping email and is also available in the “My Account” section.
The transfer of ownership of the products to the benefit of the customer only takes effect after full payment of the price by the latter.
The prices do not include delivery costs which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order. These delivery rates depend on the destination location, weight and volume of the package. For more information on these prices, you can contact us.
The payment requested from the customer corresponds to the total amount of the purchase including these costs – The period mentioned in the first paragraph runs from the day of receipt of the good by the consumer or a third party, other than the carrier, designated by him. In the case of an order for several products delivered separately, the period starts from receipt of the last good or batch or the last part.
For contracts providing for regular delivery of products over a defined period, the period runs from receipt of the first product. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
The consumer returns or returns the goods to the professional or a person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw. The shipping address is indicated in article 1 of these General Terms and Conditions.
The direct costs of returning the products are the responsibility of the customer. – When the right of withdrawal is exercised, Maison FOUQUET reimburses the consumer for all sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw.
Maison FOUQUET may defer reimbursement until recovery of the products or until the customer has provided proof of shipment of these goods, the date chosen being that of the first of these events.
Maison FOUQUET makes this reimbursement using the same means of payment as that used by the customer for the initial transaction, unless expressly agreed to use another means of payment and to the extent that the reimbursement does not incur costs for the customer.
Maison FOUQUET is not required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
Delivery of products
The packages are prepared and packaged by La Maison FOUQUET in closed, resistant packaging, appropriate to the contents and transport requirements.
Maison FOUQUET is automatically responsible towards the customer for the proper execution of the obligations resulting from the contract concluded remotely, whether these obligations are executed by Maison FOUQUET by the service providers chosen for the transport of the products and without prejudice to its right of appeal against them.
However, Maison FOUQUET may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the customer or to the unforeseeable and insurmountable act of a third party to the contract. , or in a case of force majeure
The customer is particularly responsible for information relating to the name and address of the recipient which must be precise, exact and complete (door code, floor, telephone number, etc.) to allow delivery under normal conditions. Maison FOUQUET cannot be held responsible for a return of delivery due to an error of address or an inability to deliver to the address indicated.
In the event of an error in the wording of the recipient's contact details or in the absence of the recipient, La Maison FOUQUET cannot be held responsible for the impossibility of delivering the order. Maison FOUQUET will contact the customer to organize, according to the customer's wishes, a new order, at the customer's expense, including shipping costs and the price of the product.
Maison FOUQUET, after confirmation of the order, undertakes to process and transport the order to the agreed destination, according to the route, procedure and carrier chosen by the customer. Maison FOUQUET insures the goods to the place of delivery, but it is up to the recipient to check the package in the presence of the delivery person. Any anomaly during delivery must be reported on the delivery note. Without compliance with this clause, no reimbursement procedure with the chosen carrier can be initiated.
In the absence of the recipient or a person who can take possession of the products upon delivery, the carrier will leave a delivery notice inviting the customer to contact the carrier as soon as possible. Under no circumstances can La Maison FOUQUET be held responsible for any deterioration of the products due to their late withdrawal from the carrier.
For deliveries by COURIER: in the event of delivery failure due to incomplete or incorrect information as well as the absence of the recipient, the package will be made available in the store on rue Laffitte (the recipient will be notified). A second paid presentation may be scheduled at the request of the sender.
Orders delivered by Colissimo and Chronopost are prepared and shipped from our manufacturing workshop (36, rue Laffitte – 75009 Paris).
Orders placed on D-day are shipped at the earliest the day after the order is placed.
Delivery times depend on the destination country and the delivery method. By default, the La Maison FOUQUET website offers the nearest delivery date. The customer can choose a date later than the date proposed by the site. The proposed delivery/collection date is guaranteed:
except in cases of force majeure,
excluding the event of a carrier strike,
provided that the delivery address is precise, exact and complete,
provided that the person receiving the order is present at the time of delivery.
Maison FOUQUET insures the risks of loss and deterioration of the products until delivery of said products to the recipient. The transfer of risks therefore occurs from the moment the recipient acknowledges receipt of the products.
The availability of products and services is given on the site in an indicative manner. It only becomes definitive upon confirmation of the order. La Maison FOUQUET cannot be blamed for the unavailability of a product during delivery, to the extent that the customer will have had the information prior to delivery of their order.
Complaints, disputes and returns
Upon receipt of the products, the customer must ensure that the delivery complies with their order. Any damages and non-conformities must be the subject of precise reservations, dated and signed, on the delivery slip.
Any complaint must be made within 15 working days after receipt of the order, to La Maison FOUQUET customer service:
Either by mail: La Maison FOUQUET – 36, rue Laffitte – 75009 Paris – FRANCE
Either by email to the address specified in article 1.7.
Either by telephone from Monday to Friday from 11 a.m. to 5 p.m. on 0033 (0)1 47 70 85 00.
This complaint must be motivated and accompanied by proof of the damage suffered (transport letter, photo of the package received, etc.). After analysis and acceptance of the complaint by La Maison FOUQUET, a commercial gesture (reimbursement of shipping costs, return of the product at the expense of La Maison FOUQUET, etc.) will be offered to the customer.
In the event of a dispute, the Customer will first contact LA MAISON FOUQUET Customer Service in order to resolve it amicably. If this approach fails, the customer can resort to the CM2C mediation service (Consumer Mediation Center for Justice Conciliators).
For the referral to CM2C to be admissible, it must include: Your postal, email and telephone contact details as well as the full name and address of our company, a brief statement of the facts, and proof of the preliminary steps taken.
In accordance with the rules applicable to mediation, you are reminded that a consumer dispute must be entrusted in writing to LA MAISON FOUQUET Customer Service before any request for mediation from CM2C.
A dispute cannot be examined by the consumer mediator when:
The consumer does not justify having attempted, beforehand, to resolve his dispute directly with the professional by a written complaint according to the terms provided, where applicable, in the contract;
The request is manifestly unfounded or abusive;
The dispute has previously been examined or is being examined by another mediator or by a court;
The consumer submitted his request to the mediator within a period of more than one year from his written complaint to the professional;
The dispute does not fall within its scope of jurisdiction.
The consumer is informed by the mediator, within three weeks of receipt of his file, of the rejection of his mediation request.
For any dispute not falling within the scope of mediation, the consumer can refer either one of the territorially competent courts under the code of civil procedure, or the court of the place where he resided at the time of the conclusion of the contract. or the occurrence of the damaging event.
Any product return must be the subject of a formal agreement between La Maison FOUQUET and the customer and must be returned within 5 days of the agreement. After this period, no returns will be taken into account. Any return accepted by La Maison FOUQUET will allow the customer to obtain free replacement or restitution of a credit for their benefit, to the exclusion of any other compensation or damages.
Personal data
As part of the implementation of the processing of personal data, the responsible organization is Maison FOUQUET.
In accordance with Law 78-17 of January 6, 1978 relating to data processing, files and freedoms, and the provisions of European Regulation 2016/679 on the protection of personal data, you are informed that Maison FOUQUET as responsible processing implements processing of personal data with the main purposes of: execution of these General Terms and Conditions – management and monitoring of your order – administrative and contractual relationship – management of commercial and promotional operations. These data will not be further processed in a manner incompatible with these purposes.
The legal bases for this processing are necessary for the execution of a contract, compliance with legal and regulatory obligations, and the legitimate interests pursued by the data controller.
Data used: in a logic of minimizing the data used, the personal data used are those requested during your purchases (last name, first name, full address, telephone number, e-mail), necessary for the purposes for which they are processed. These data entered online are recorded on a secure server and are immediately encrypted and kept in a form allowing the identification of the persons concerned for a period not exceeding that necessary for the purposes for which they are processed.
The data is intended for authorized services of La Maison FOUQUET.
Retention period: Customer data is kept for the duration of the customer relationship. This data can be kept for a period of 36 months for commercial prospecting purposes once the relationship has ended (last order date for example). Prospecting data may be kept for a period of 36 months from the date of a request. Opening emails and clicking on links with integrated tracking do not constitute an explicit request for contact.
In accordance with the applicable legislation on the protection of personal data, you have a right of access and rectification, erasure, opposition, a right to portability of information which concerns you, a right to limit processing). To assert these rights, you can contact Maison FOUQUET via the means specified in 1.5.
In accordance with article L223-2 of the Consumer Code, the customer has the right to exercise his wish not to be contacted by telephone. To assert these rights, you can contact Maison FOUQUET via the means specified in 1.5.
You also have the right to define general and specific directives defining the way in which you intend these rights to be exercised after your death.
You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (Cnil), the French supervisory authority responsible for compliance with obligations regarding personal data.
delivery terms and in-store collections
Metropolitan France: delivery methods depend on the product and destination of the order.
Colissimo without signature: Delivery time of 48 hours excluding preparation time. The preparations are shipped no earlier than 24 hours after the order is placed.
From Monday to Friday – Price: €12
Chronopost 1 p.m.: Delivery time of 24 hours excluding preparation time
Guaranteed delivery before 1 p.m. – Monday to Friday – Price: €20
Outside mainland France: Maison FOUQUET delivers to the following countries: Germany, Austria, Belgium, Cyprus, Denmark, Spain, Finland, Hungary, Ireland, Iceland, Italy, Jersey, Guernsey, Lichtenstein, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Sweden, Switzerland.
Rates depend on the weight of the package and the destination. To find out the cost of international delivery, please log in to the my basket page.
Collections in store: Collections in store are made from Monday to Friday in our store at 36 rue Laffitte – 75009, no later than 48 hours after receipt of the order on the site.
For any questions regarding delivery or an order in progress, you can contact our customer service at +33 1 47 70 85 00 (11:00 a.m. – 5:00 p.m.) or by email at: maison-fouquet@fouquet.fr
The photos on the site are non-contractual.
The customer must under no circumstances resell products which are intended for his personal use or that of the person receiving his order.
Our customer service is available from Monday to Friday from 9 a.m. to 5 p.m. on 0033 (0)1 47 70 85 00 and by email: maison-fouquet@fouquet.fr.