Terms of Sales

This site is published by the company Autour du cake, SAS with capital of €8,010, registered in the Vienna trade and companies register under number 813778214, and whose head office is located at 157 Route des Eplagnes 38 490 CHARANCIEU

Intracommunity VAT number: FR48813778214

These general conditions of sale constitute the framework of the contractual and financial commitments offered by Autourdugateau to its customers.

The general conditions of sale described below detail the rights and obligations of the company Autourdugateau and its customers in the context of the sale of goods offered for sale on the site entouragedugateau.fr.

Any order for a Product by the Customer on the site surrounddugateau.fr implies the latter's unreserved acceptance of these general conditions of sale.

Autourdugateau reserves the right to modify these general conditions of sale at any time. In this case, the applicable general conditions of sale will be those in force on the date of the order of a product on the Site by the Customer.

The characteristics of the products offered for sale are presented in the different sections accessible on the site environdugateau.fr.

Autourdugateau takes the greatest care and accuracy in the presentation and description of the products on the Site, in particular with regard to the composition of the Products and the presence of allergens. The Customer is required to read these characteristics and remains solely responsible in the event of an allergy to components of a Product whose presence was indicated.

Given the digital presentation method of products on the Site, it is however possible that the customer's perception of the photograph of a product does not correspond, from an aesthetic point of view, exactly to the product itself.

Product offers are valid while stocks last. The availability of products and services is indicated on each product sheet.

In the event of ordering a product that has become unavailable, the customer will be informed of this unavailability as soon as possible, by email or by telephone call.

A replacement with another equivalent product or reimbursement for the missing item will be offered to the customer within five (5) days. .

However, if your order contains other products or services available, these will be delivered to you and the delivery costs will not be refunded to you.

Finally, the Autourdugateau company may also modify its product offering, without notice, subject to compliance with transactions already concluded.

The prices of the products appearing on the Site are prices including all taxes (TTC) in euros, excluding delivery costs.

The price indicated in the order confirmation is expressed inclusive of all taxes and includes shipping costs and costs linked to the chosen payment method.

The Autour du cake company reserves the right to modify its prices at any time but the products ordered are invoiced at the price in effect when the order is placed.

The Customer is responsible for taxes such as customs duties or applicable local VAT, which may be claimed by the local authorities of the country of delivery.

The proposed prices include discounts and rebates that Autourdugateau would be required to grant taking into account its results or the payment by the Client of certain services. Prices will be displayed excluding taxes as soon as the Customer indicates a delivery address overseas or outside the Euro zone, the customs clearance tax will be payable upon delivery.

Coupon codes sent to the Customer by email are applicable to a future internet order within the limits of the conditions described in the offer.

To benefit from these reductions and/or gifts, the code must be indicated in the “promo code” field appearing on the site, when validating the basket. If the customer does not enter the coupon code before validating your order, he will not be able to benefit from it.

Coupon codes cannot be combined.

Before placing any order, the Customer must complete the identification form on which he will indicate all the requested information or indicate his e-mail address and password if the customer has already created a Customer account on the Site.

The customer validates his order when he activates the “Confirm your order” link at the bottom of the “Summary of your order” page after having accepted these conditions of sale. Before this validation, the customer is systematically asked to check each of the elements of his order; he can thus correct any errors.

The company Autour du cake confirms the order by email.

By placing an order on the Site, you accept that your purchase invoice will be sent to you in electronic format.

It is accessible in your Customer Area at the latest when your order is delivered.

The data recorded by the company Autour du cake constitutes proof of the nature, content and date of the order.

Due to the speed of shipping orders, no cancellation or modification (addition or removal of items) of orders will be possible.

Payment for orders is made by credit card, paypal or bank transfer.

7.1 By bank card:

Payment is made on our partner's secure banking server (CIC). This implies that no banking information concerning you is transmitted via the site environdugateau.fr. Payment by credit card is therefore completely secure; your order will be recorded and validated upon acceptance of payment by the bank.

In the event of refusal by the bank, the order will be automatically canceled and the Seller will therefore be released from any obligation and responsibility towards the Customer.

Your bank card details are encrypted using the SSL protocol in partnership with the CIC and are never transmitted unencrypted over the network. Payment is made directly to the bank. The Seller does not have access to these contact details under any circumstances, and does not store them on its servers.

7.2 By PayPal

To benefit from this payment method you must have an account with PayPal. In the event of payment by PayPal, the general conditions of use of PayPal will be applied. They are accessible by clicking here.

Wire Transfer :

You can also pay for your order by bank transfer, your order will be taken into account and shipped upon receipt of payment into our bank account.

8.1 Right of withdrawal

In the event that the Customer places an order for a Product sold by Autourdugateau, he has the right to withdraw from his order without giving any reason within a period of (14) fourteen days from the day after the day on which he took physical possession of the Products subject to the order, provided that the Products are returned in their original condition and complete (packaging, accessories, instructions, etc.).

This withdrawal period does not apply for food products with an expiry date, for any product personalized at the request of the Customer, for shipments at the request of the consumer before the end of the withdrawal period.

To exercise the right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous written declaration (for example, letter sent by post, fax or e-mail) addressed to Autourdugateau. The Customer can also use the model withdrawal form in the appendix, but this is not obligatory.

For the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal to Autourdugateau before the withdrawal period expires. Autourdugateau acknowledges receipt of the Customer's withdrawal request.

The Customer returns the Products subject to withdrawal to Autourdugateau or to a person designated by the latter within (14) fourteen days following communication of their decision to withdraw. This deadline is deemed to be respected, as long as the Products are returned before the expiry of the fourteen-day period.

The costs of returning the Products are the responsibility of the Customer.

In accordance with article L. 221-23 of the Consumer Code, the Customer is informed that liability may only be incurred in the event of depreciation of the Products resulting from handling other than that necessary to establish their nature, characteristics and their proper functioning.

8.2 Effects of withdrawal

Autourdugateau reimburses the Customer, to the bank account used to pay for the order or in cash, the entire amount of the order, including the delivery costs initially paid, at the latest within (14) fourteen days from from the date on which he is informed of the Customer's decision to withdraw.

However, in the event that Autourdugateau has not received the Products subject to withdrawal within this period, it may defer reimbursement until receipt of the Products or until the Customer has provided proof of shipment. of the Products, the date retained being that of the first of these events.

In any case, this reimbursement will not incur any costs for the Customer.

Autourdugateau can offer you, when placing your order, different delivery methods depending in particular on the size, weight of your package and your delivery address.

Delivery conditions, fees and times differ depending on the delivery method you choose.

You will be informed, when placing your order, of the delivery methods available as well as the applicable delivery times and prices.

9.1 Delivery methods and costs

Autourdugateau can offer you different delivery methods in mainland France (excluding Monaco), Overseas Territories (DOM and TOM), Belgium, Luxembourg and Switzerland.

Free delivery from €49 of purchase including tax by DPD Relais for Metropolitan France,

Free delivery from €59 purchase including tax by Chrono Relay for Belgium and Luxembourg.

Delivery of certain products or to certain areas may result in additional invoicing. In such cases, this information is clearly indicated on the information page dedicated to delivery, accessible at the bottom of each page of the site or by clicking here.

The total amount of delivery costs for your order is indicated when placing it.

For more information regarding all delivery methods, click here .

In the event of absence, a calling notice will be left for you to invite you to schedule a new appointment.

Unpacking the package and processing the packaging remains your responsibility.

9.2 Shipping of orders

Orders are shipped the same day if they are validated by the customer before two p.m. (2 p.m.) Monday to Friday excluding public holidays. No order shipping is guaranteed on Saturdays, Sundays and public holidays.

For each Product, the delivery time generally observed is 48 hours in mainland France. They may vary depending on the location of delivery of the Products. Autourdugateau undertakes to ensure delivery of the Products within a maximum of 30 days in mainland France.

The delivery time for Products in Overseas Territories and DOM TOP is a maximum of 90 days.

Autourdugateau undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines indicated.

The time limit for packages to be made available at a relay point is 7 days. After this time, the order will be returned to the sender; no reimbursement of shipping costs can then be requested by the customer. The costs of returning the package will also be borne by the customer.

All products are checked before shipment in order to be sent in perfect condition.

These are packages not delivered to the final recipient for the following reasons: NPAI, unclaimed, refused, transport damage, theft, etc.

10.1 Returns under the reason NPAI = Does not live at the Address Indicated.

After receipt and acceptance of your package by our services, a refund of the items (except personalized items) will take place within 7 days either by re-crediting the bank card, or by means of a credit note (for orders paid by transfer ). This credit will be valid for 1 year.

In this case, the transport costs for the delivery and return of the package remain the responsibility of the consumer and no reimbursement can take place.

10.2 Returns under the reason “unclaimed”

These are packages that have not been claimed by customers at relay points or post offices within the allotted time frame.

After receipt and acceptance of your package by our services, a refund will be made by the seller by transfer, check or credit card re-credit within 10 days of receipt of your package.

In this case, the transport costs for the delivery and return of the package remain the responsibility of the Customer and no refund can be made.

10.3 Returns under the reason Refusal for damage or breakage of the package:

The consumer refused the package at the time of delivery because it showed obvious signs of opening and/or impacts. If the package is damaged, torn, opened... you must refuse the package and contact our services to inform us. The consumer must in particular request a declaration of theft from the carrier or make clear and precise reservations on the transport letter.

The consumer can accept the stolen package by making clear and precise reservations on the transport letter, take photos and send them by email or post within 48 hours to the company arounddugateau.

Receipt of the products takes place at the time of physical possession of the products by the Customer (the “Receipt”).

The Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.

The Customer must check the condition of the products upon receipt. In the event of shortages, losses or damage, the Customer must make clear, precise and quantified reservations to the carrier, specifying, on the delivery slip, the nature and extent of the damage.

Any delivery which has not been the subject of reservations with Autourdugateau, within 3 days of its receipt from the hands of the carrier, in accordance with article L.133-3 of the Commercial Code, will be deemed to conform in quantity and exempt apparent defect.

Autourdugateau cannot under any circumstances be held liable for delivery delays in the event of a delay attributable to the Customer or a case of force majeure as defined in article 17 hereof.

If the Products ordered have not been delivered within the time indicated, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request under the conditions provided for in articles L 216-2 , L 216-3, L 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.

In the event of non-conformity of the delivered Product, Autourdugateau undertakes to remedy it or reimburse the Customer, as indicated in the article GUARANTEES-CONSERVATION-RESPONSIBILITY.

The Products offered for sale comply with the regulations in force in France. professionals.Autourdugateau is committed to offering products in compliance with the rules of the art, legislation and regulations in force. Autourdugateau further undertakes to deliver products that comply with the order.

Otherwise, the Autourdugateau company cannot be held responsible for the deterioration of the products. The liability of the Autourdugateau company is expressly excluded for damage resulting in particular from negligence, lack of maintenance, lack of supervision, inappropriate storage, intervention by a third party on the products.

Compliance of the Product with the General Terms and Conditions is guaranteed under the conditions of Article L. 217-4 et seq. of the Consumer Code and hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the deadlines referred to above and return them to Autourdugateau in the condition in which they were received with all elements (accessories, packaging, instructions, etc.).

The Seller will refund or replace Products under warranty deemed non-compliant or defective. In the event of delivery, shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 15 days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made by transfer to the Customer's bank account, by bank check addressed to the Customer or by cash.

The Seller's warranty is limited to the replacement or reimbursement of non-compliant or defective Products.

If the customer transmits a personal motif or takes influence on the product (textual personalization), he assures the company Autour du cake that the text and the motif are free from third party rights. In this case, possible violations of copyright, personality or name rights lie entirely with the customer. The customer also ensures that he does not infringe any other third party rights by individualizing the product. The customer will reimburse the Autour du cake company for all defense costs and other damages incurred.

In accordance with article L.121-20-2 3° of the Consumer Code, the right of withdrawal cannot be exercised for goods made according to the consumer's specifications or clearly personalized.

All content present or made available, such as text, graphics, logos, buttons, images, digital downloads, and data compilations, is the property of Autourdugateau, and is protected by copyright law. intellectual property, copyright and database protection.

You must not systematically extract and/or reuse parts of the content of the Autourdugateau website without our express written permission. You must also not create and/or publish your own databases which contain substantial parts without our express written consent.

Autourdugateau's trademarks and visuals may not be used in any manner that could cause confusion among customers, or that disparages or discredits Autourdugateau. All other trademarks that do not belong to autourdugateau are the property of their respective owners, who may or may not be affiliated with, linked to or sponsored by Autourdugateau.

In the event that the Customer orders from Autourdugateau the reproduction of an image, a drawing or a photo that he provides on an edible sheet (“Edible Photo Item”), the Customer acknowledges that he is solely responsible for respecting the copyright and intellectual property rights on this image, this drawing or this photo.

Visitors may post reviews, comments, or other content, and submit suggestions, ideas, questions, or other information so long as such content is not unlawful, abusive, threatening, defamatory, obscene, or harmful. to third parties or objectionable or does not contain computer viruses, or any other form of “spam”.

We reserve the right to remove or edit any content.

Responses to boxes marked with an asterisk are mandatory and necessary to process your creation of an account on the site arounddugateau.

Failure to respond to a mandatory field may compromise the creation of your profile, and the processing of your order on the Surdugateau site.

The personal information provided on this form is recorded in a computerized file.

We will only process or use your data to the extent necessary to ensure the processing of your orders as well as delivery and payment.

Your personal information will be kept for as long as necessary to enable the processing of your orders unless:

•You exercise your right to delete data concerning you, under the conditions described below;

• A longer retention period is authorized or imposed under a legal or regulatory provision.

During this period, we put in place all means capable of ensuring the confidentiality and security of your personal data, so as to prevent their damage, deletion or access by unauthorized third parties.

Access to your personal data is strictly limited to our administrative staff, our employees and agents, the communications department or the accounting department, and, where applicable, to our subcontractors. The subcontractors in question are subject to an obligation of confidentiality and may only use your data in accordance with our contractual provisions and applicable legislation. Apart from the cases set out above, we undertake not to sell, rent, transfer or give third parties access to your data without your prior consent, unless we are obliged to do so for a legitimate reason (obligation legal, fight against fraud or abuse, exercise of defense rights, etc.).

In accordance with the “information technology and freedoms” law of January 6, 1978 as amended and European Regulation No. 2016/679/EU of April 27, 2016 (applicable from May 25, 2018), you have the right to access and rectify , portability and erasure of your data or even limitation of processing. You can also, for legitimate reasons, object to the processing of data concerning you.

Autourdugateau cannot be held responsible for the non-performance of one of its obligations arising from the sales contract since this non-performance is linked to the occurrence of a force majeure event.

Sales of Products are subject to French law.

The General Conditions of Sale and Orders placed via the site notredugateau.fr and their execution are governed exclusively by French law. Any dispute relating to the interpretation or execution of the General Conditions of Sale or an Order will be judged in accordance with French law and will fall under the jurisdiction of the court of the Customer's place of residence or, at the latter's choice, of the place of actual delivery of the Product.

According to arts. L335-2 et seq. of the intellectual property code, any reproduction or representation of the site in part or in whole is prohibited without the written consent of the company AUTOUR DU GATEAU.

For any information, questions or complaints, the customer can contact the customer service of the company Autour du cake from Monday to Thursday from 9 a.m. to 4 p.m., and Friday from 9 a.m. to 3 p.m., from Monday to Friday. Closed on Saturday, Sunday and public holidays.

Address: AROUND THE GATEAU 157 Route des Eplagnes 38 490 CHARANCIEU

Tel: 09 88 99 44 00

e-mail: serviceclient@autourdugateau.fr

In accordance with article L.612-1 of the Consumer Code, any consumer has the possibility of contacting a mediator for complaints that have not been resolved in discussions with the company's after-sales service. This mediation will be carried out by a mediation professional, within the Société Médiation Professionnelle, who can be contacted on the website www.mediateur-consommation-smp.fr

The European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase in order to then transmit them to the competent national mediators.

Unless otherwise mandatory provisions such as those arising from EC Regulation No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I), these General Terms and Conditions are subject to French legislation.

In the event that one or more clauses of these General Terms and Conditions become void following a change in legislation or by court decision, this will in no way affect the validity of the other clauses, which will remain applicable.

The publication director is Ms. LEOUFFRE

The editorial manager is Ms. LEOUFFRE

This site is hosted by the company OVH, whose head office is located at 2 rue kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France - RCS 424 761 419 00045

Appendix : Form for withdrawing from a distance purchase (on the internet, by mail order, teleshopping or telephone)

To the attention of :

AUTOURDUGATEAU

XXXXX

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete what is unnecessary.