General conditions of sale

Please read these general conditions of sale carefully (the “CGV ») avant de passer toute commande sur le site https://pitss.info (le « Site”).

 

Article 1 – Purpose, acceptance and modification of the General Terms and Conditions

1.01     The General Terms and Conditions define the terms and conditions in accordance with which each customer (“you” or the “Customer”) places an order and purchases the products offered for sale by Stohrer on the Site.

1.02     Being a store in online, you acknowledge and accept that your full acceptance of the contractual documents does not require the handwritten signature of the T&Cs but is materialized by checking the box provided for this purpose. By checking the acceptance box, you confirm your acceptance of all the documents in which the contractual commitments of the parties appear, namely: (i)les mentions legal, (ii) the General Terms and Conditions and their annexes and (iii) the Orders (the “Contract”).

1.03     The Contract comes into force from the moment you have checked the box signifying your acceptance and will apply to the relevant Order.

1.04     If you do not wish to be bound by all or part of the Contract, please do not check the acceptance box and do not place an order on the Site.

1.05     No other general or specific conditions appearing on documents from the Client may prevail over the General Terms and Conditions.

1.06     You have the option of recording and/or 'print all or part of the Contract.

1.07     We reserve the right, at any time and at our sole discretion, to change, modify, supplement or delete certain stipulations General Terms and Conditions and legal notices. Therefore, you must regularly consult the General Terms and Conditions and the legal notices in order to be aware of the changes made thereto. Any changes will be posted on the Site; In the event of substantial modifications, we will inform you by any means. Any new placing of an Order will constitute full acceptance of the modified General Terms and Conditions and legal notices.

 

Article 2 – Order and confirmation of the Order

2.01     Description of the Products and prices

Details of the products offered for sale on the Site (including their price and information relating to expiration dates) (the “Products”) are indicated on the Site’s store (the “Shop”). We make our best efforts to ensure that all details, descriptions and prices of the Products displayed on the Store are accurate.

However, despite all our efforts, we may be required to modify the information published on the Site when you place your Order.

The prices of the Products are indicated all taxes included (TTC). In the event of a change in the taxes applicable to the Products, we reserve the right to apply any changes directly to our Products.

Any Order placed by you and accepted by Stohrer cannot be modified or canceled.

2.02     Order eligibility criteria

You can place an order for Products on the Store, for delivery in mainland France and Europe (the list of countries concerned appears in Article 5.01), for personal use of the Products, by you or by the recipient(s) you have designated for this purpose (a “Commande” or “Order”). Any commercial use of all or part of the Products is prohibited.

2.03     Ordering of Products and conclusion of the sales contract

In order to place an Order, you must go to the Store.| ||

The Order process contains 5 steps: the creation of the Basket, the recording of personal information, the validation of the delivery terms, the payment and the confirmation of the Order.

The Basket| ||157 : Vous pourrez alors sélectionner (i) la famille de Produits puis (ii) le(s) Produit(s) qui vous intéresse(nt). Vous préciserez ensuite la quantité de Produits que vous souhaitez Commander. Les Produits sélectionnés seront placés dans votre panier d’achat si vous cliquez sur « Ajouter au panier » (« My Cart”).

To all moment, you can click on “My Basket” to display the summary page of your Basket which allows you to modify the quantities and/or delete Products.

You can also enter the possible code advantage that you hold.

The amount of the Order excluding delivery costs appears on this page.

If all of this information suits you, you can click on “Validate and continue" in order to continue your Order.

Recording personal information: You will then be asked to identify yourself either by providing the information from your existing account, or by creating an account. When creating an account on the Site, you must provide personal information (title, email address, password, first name, last name, delivery address/billing address). We invite you to read the terms of processing of your personal data by Stohrer by reading the Data Protection Policy. You can save this personal information after you be assured of their accuracy and continue with your Order.

Delivery: You are then asked to (i) select the delivery method of your choice and (ii) confirm your delivery and billing addresses. You can also (i) provide any specific information relating to the delivery of your Order and/or (ii) add a message if it is a gift. The total amount of the Order including delivery costs appears at the bottom of the page. If all of these elements suit you, you can confirm your acceptance and fill the Order by clicking on “Validate and Continue”.

Payment: You have reached the end of your Order. This page will summarize the Products selected in your Basket, as well as their quantity and will specify the applicable VAT, delivery costs and the final total of the Order (“Order Summary ).

You will still have the opportunity to check and correct/modify your Order.

You will then be asked to select the payment method.

La validation définitive de votre Commande nécessite également l’acceptation expresse des CGV qui peuvent être imprimées à tout moment.

If you confirm your agreement both with the Order Summary and with all the T&Cs, you will be able to proceed to payment for your Order by clicking on “Pay”. Stohrer uses a payment security protocol to ensure the confidentiality and security of the information provided during the banking transaction. If the establishment issuing your credit card refuses payment authorization, your Order will not be accepted.

Confirmation: You will then access the receipt which includes the number of Order; this will also be sent to you in the automatic confirmation email that Stohrer will send to you to confirm that your Order has been received (“Order Confirmation”). However, this email does not constitute confirmation of the availability of the Products. In the event of unavailability of the Products, Stohrer will send you another email to inform you of the unavailability of all or part of the Products and to send you a new Order Confirmation which will cancel and replace the previous Order Confirmation. You will then have a period of [twenty-four (24) hours] during which you can opt for a refund of the unavailable Products or a replacement with other Products of equal price. In the event of silence on your part within the aforementioned period, Stohrer will reimburse you the price of the unavailable Products.

A sales contract relating to the Products listed in the Order Confirmation is concluded between you and Stohrer as soon as we send you said Order Confirmation.

 

2.04     Cancellation of Order

Stohrer reserves the right to refuse, at its sole discretion, your Order, in particular in the following cases:

(a)     if the Product you ordered is sold out or is no longer available,

(b)     if the institution issuing your credit card refuses authorization for payment of the purchase price,

(c)     if you do not meet the aforementioned eligibility criteria for the Order of Products,

(d)     in the event of failure to fulfill all or part of your obligations,

(e)     in the event of 'erroneous or incomplete delivery information,

(f)      this is abnormal for any reason whatsoever.

2.05     Order Modification

You can contact Stohrer to modify your Order by email at reception@pitss.info or by telephone at +33 (0)1 42 33 38 20, until it is shipped by Stohrer.

 

Article 3 – Transfers of ownership and risks

3.01     The transfer of ownership of the Products to the benefit of the Customer takes effect upon full payment of the price of the Order.

3.02     Stohrer insures the risks of loss and deterioration of the Products until delivery of the Products to the Customer or to the recipient indicated by the latter. Consequently, the transfer of risks occurs at the moment when the Customer or the recipient acknowledges receipt of the Products by signing the carrier's delivery note (Chronopost or courier) and/or collects the Order from the Stohrer store selected during the Order.| ||227

 

Article 4 – Delivery terms for the Products

4.01     General provisions

The delivery terms available apply depending on the nature of the products offered. Refer to the information on each product sheet. The Products are delivered to the delivery address indicated by you when placing your Order. Deliveries are only made in mainland France, Corsica and the following European countries: Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic.

Orders indicating an address with a single PO box cannot be taken into account.

Any Order delivered outside France may be subject to possible taxes and mandatory customs duties during delivery which are exclusively the responsibility of the Customer. Stohrer is not required to verify and inform the Customer of applicable customs duties and taxes. To find out about them, Stohrer advises the Customer to contact the competent authorities in their country.

4.02     Delivery times

Stohrer delivers all week within 24 hours (at following validation of the order). For any order equivalent to or greater than 3 pastries for 6 people or 15 individual cakes, the delivery time for your order may extend from 24 hours to 72 hours. We advise you to contact us at: reception@pitss.info

To obtain information relating to delivery costs and rates, go to the following page: Delivery terms. For any other questions you can send us your request to: reception@pitss.info

4.03     In the event of the absence of the recipient during delivery: (i) if you have opted for delivery by Chronopost, the delivery person will leave a delivery notice to the delivery address that you indicated when placing the Order, inviting you either to collect the Order from a location indicated on the delivery notice or to reschedule a delivery at your expense, within a period of twenty-four hours [from the first delivery attempt] or (ii) if you have opted for a courier, you will be required to reschedule, at your expense, a new delivery. Stohrer is not responsible for any possible deterioration of the Products due to their late collection from the carrier (Chronopost or courier).

4.04     Importance of delivery data

The accuracy of delivery data (delivery address and any details necessary for delivery) is essential. Any error or imprecision in the delivery address (street/avenue/boulevard number, identity of the recipient, identity of the company in the event of delivery to the workplace, code, intercom, etc.) risks making it impossible delivery by the carrier (Chronopost or courier).

If it is impossible to deliver the Order to the recipient due to the incomplete or imprecise nature of the delivery address indicated:

(a)     Stohrer se réserve le droit de contacter directement le destinataire par téléphone, afin de compléter avec lui les informations de livraison manquantes et autres détails propre au bon déroulement de la livraison.

(b)     the Customer acknowledges that the Products will be returned directly to Stohrer and that the Order cannot be refunded, any possible reshipment being at the Customer's expense.

4.05     Conditions for collection in stores

When you place an order, you have the possibility to choose the “Store collection” delivery method. You will need to come to the agreed time slot to collect your order from the store. After this time, your order will be canceled and will not be refunded.

Article 5 – Description of Products – Information

5.01 The Products presented on the Site comply with current French legislation and the standards applicable in France. Otherwise, the infringing Product will be removed from the Site as soon as possible.

5.02     Each Product is the subject of an information sheet accessible by clicking on the photo of the Product. This sheet gives the essential characteristics of the Product: its designation, its weight, its composition, its photo, its price as well as information relating to its conservation.

5.03     These indications are provided for purely indicative purposes and are not are not exhaustive. Any photographs of the Products are not contractual. In the event of a manifest error between the characteristics of the Products and their representation on the Site, Stohrer cannot be held liable.

5.04     The Product offers and prices proposed by Stohrer are valid as long as They are visible on the Site, while stocks last. Stohrer declines all responsibility in the event of stock shortage or unavailability of the Products communicated to the Customer in the Order Confirmation.

5.05     Stohrer reserves the right to change the Products and/or the Products at any time and without notice. or the characteristics of the Products.

 

Article 6 – Complaints

6.01     Stohrer attaches particular importance to the satisfaction of its customers.

6.02     A la réception du colis, nous vous invitons à vous assurer de la conformité de la livraison avec votre Commande.

6.03     If the Products you have ordered are delivered to you damaged or defective or if the products received do not correspond to the Products listed in the final Order Confirmation, you can make a complaint by indicating your precise reservations, dated and signed either directly on the delivery slip, or, at the latest, within twenty-four (24) hours who follow receipt of the Order, by contacting our customer service:

  •       by mail: Stohrer, 51, rue Montorgueil 75002 Paris
  •       by email: reception@pitss.info
  •       by telephone at +33 (0)1 42 33 38 20

6.04     Any request for refund or exchange must be accompanied by the following elements: (i) the subject of the request ( ex. partial/full refund or exchange), (ii) the reason for the return, (iii) proof of the damage suffered (photographs, transport letter, etc.), (iv) a copy of the Order Confirmation email indicating the number reference number of the Order, (v) the delivery note, and (vi) the list of returned Products.

6.05     We draw your attention to the fact that only the Products may be subject to a complaint, with the exception of any comment relating to the bags, boxes or packaging of the Products as well as the expiration dates which are indicated in the “Conservation” tab of the product sheets on the Site. After analysis and acceptance of the complaint by Stohrer, you may return the Products subject to the complaint, accompanied by the delivery documents, under conditions which will then be communicated to you by Stohrer after acceptance of the complaint. Stohrer:

  •       will then refund you the full price of the Order (including the delivery costs you incurred for the initial delivery of the Products and the costs of returning the Products upon presentation of a receipt), or|| |298
  •        vous expédiera alors des articles de rechange gratuitement et vous remboursera les frais de retour des Produits sur présentation d’un reçu.

If you are returning the Products by post, please also provide us with receipts indicating the return costs incurred if you request a full refund.

NB: if you go to a physical Stohrer store for the return and refund of the Products, it is essential to have with you proof of payment for the Order.

6.06     For all purposes, we remind you that the Products must be stored in accordance with the storage instructions for each Product indicated on the Site.

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Article 7 – Interdictions

7.01     Use for commercial purposes (including the sale of all or part of the Products) and transformation of the Products are prohibited.

 

Article 8 – Right of withdrawal

8.01     In accordance with the terms of article L.221-28 of the Consumer Code, the right of withdrawal does not apply to contracts relating to the supply of fresh products, which are likely to deteriorate or expire quickly. Consequently, the majority of our Products are not subject to the right of withdrawal.

8.02     However, with regard to our non-fresh Products (such as insulated bags,tote bags, recipe books, etc.), the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from Stohrer, without having to justify reasons, nor to pay a penalty. He may thus request the exchange (subject to availability) or reimbursement of the Product concerned. If this period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the first following working day.

8.03     The right of withdrawal can be exercised on plain paper or using of the withdrawal form annexed to the General Terms and Conditions.

8.04     The Products must be returned to Stohrer within fourteen (14) days following notification of the Customer's decision to withdraw, accompanied by the purchase invoice in their original packaging and in perfect condition allowing them to be remarketed in new condition. Damaged, soiled or incomplete Products will not be taken back.

8.05     Returns must be sent to the following address: Stohrer, 51, rue Montorgueuil – 75002 Paris.

8.06    In the event of exercising the right of withdrawal under the aforementioned terms, only the price of the Product(s) purchased and the delivery costs will be reimbursed, the return costs remaining the responsibility of the Customer.

8.07    exchange (subject to availability) or reimbursement will be made within fourteen (14) days from receipt, by Stohrer, of the Products returned by the Customer under the conditions of this article.

 

Article 9 – Warranty

9.01     Stohrer guarantees that on the day of delivery, the Products comply with (i) the Order and (ii) the regulations in force in France . Thus, Stohrer offers the legal guarantees of conformity and hidden defects according to the following terms.

(a)     Legal guarantee of conformity

In accordance with article L.217-4 and following of the Consumer Code, the Customer may, in the presence of a non-compliant product, request, within two years from delivery of the good, the repair or replacement of the non-compliant product.

(b)     Garantie des vices cachés

Stohrer is also bound by the legal guarantee against hidden defects affecting the Products delivered and rendering them unfit for the use for which they are intended, under the conditions provided for in the articles 1641 to 1649 of the Civil Code, on the condition that the Customer provides proof of the hidden defect and that he acts within two years from the discovery of the defect.

In the event of implementation implementation of the guarantee of hidden defects, the Customer can choose between the resolution of the sale or a reduction of the sale price.

9.02     These guarantees may be exercised by contacting Stohrer customer service using the contact details indicated in Article 13 below.

 

Article 10 – Liability

10.01 Each party is liable for direct, foreseeable and proven damages resulting from a failure on its part to fulfill its obligations hereunder.

10.02 No party shall be liable for indirect damages within the meaning of French jurisprudence.

10.03 Stohrer cannot be held responsible for any non-performance or delay in the performance of one of its obligations described in the General Terms and Conditions which may be due to a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the civil code as well as all risks linked to bad weather (including extreme heat), war, riot, fire, strikes, accidents and the impossibility of being supplied, particularly in the event of failure, whatever the cause, of one of its suppliers or delivery services.

Article 11 – Entirety

If any of the stipulations of the General Conditions of Sale must be declared null or inapplicable in application of a law, a regulation or a final court decision emanating from 'a competent jurisdiction, it will be modified in order to obtain its validity or will be deemed unwritten but will not result in the nullity or lapsing of the other stipulations of the General Conditions of Sale which will remain in full force.

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Article 12 – Loi applicable – Juridictions compétentes

The General Conditions of Sale are governed exclusively by French law.

In the absence of amicable resolution, any dispute relating to interpretation of the General Terms and Conditions, the execution or termination of a sale, the interpretation, execution or termination of these terms is subject to the legally competent courts.

Article 13 – Contact us|| |375

13.01  Vous pouvez nous contacter aux adresses suivantes :

  •       Stohrer, Customer Service, 51, rue Montorgueuil – 75002 Paris;
  •       Email: reception@pitss.info|| |383

13.02  Vous pouvez également nous joindre par téléphone au +33 (0) 1 42 33 38 20

ANNEX – WITHDRAWAL FORM MODEL

(Complete and return the this form as well as the order number only if you wish to exercise your right of withdrawal.)

To the attention of Stohrer – Customer Service – 51, rue Montorgueuil – 75002 Paris

Email: reception@pitss.info

I hereby notify you of my withdrawal from the contract relating to the sale of the good(s) not below:

Ordered on ……………..(order date) and/or received on ……………..(delivery date)

Name of Consumer Customer:

Adresse du Client consommateur :

Signature of the Consumer Customer (only in the event of notification of this form on paper)

 

Date: