Terms and Conditions
You have connected to the website www.histoiresucree.com. In doing so, you accept these general terms and conditions and you agree to be bound by such. These general terms and conditions are applicable to all orders placed through Histoire Sucrée. Any business transacted with Histoire Sucrée will be governed exclusively by these general terms and conditions.
A. General Provisions
The website www.histoiresucree.com was conceived by Histoire Sucrée, and all right, title and interest in the site are the exclusive property of Histoire Sucrée. Copying or downloading all or any parts of the site is prohibited without the prior permission from Histoire Sucrée.
B. Provisions governing the issuance of orders and conclusion of contracts
Article 1. Acceptance of General Terms and Conditions
Once the customer has confirmed the order by clicking on confirmation of order, this will result in the full and binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered into.
Article 2. Order confirmation and conclusion of contract
Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by Histoire Sucrée.
Histoire Sucrée will confirm the acceptance of orders by using email. Acceptance or refusal, to accept an order will be forthcoming no later than twenty four hours (only working days taken into account) after the receipt of the order.
Moreover, Histoire Sucrée reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem in completing the delivery.
Article 3. General Obligations of the parties
3.1 Obligations of Histoire Sucrée
Histoire Sucrée undertakes, once the order has been accepted, to sell the products set forth on the order and to deliver the products ordered to the address indicated by the customer.
Unless otherwise specified, Histoire Sucrée undertakes to place the products with the carrier of its choice on next shipping day (only working days taken into account) after the order has been accepted.
Histoire Sucrée has concluded a contract with the carrier specifying that the carrier will deliver the products to the address indicated by the Customer.
3.2 Obligations of the Customer
The Customer shall clearly indicate the address to which the products are to be delivered during business hours.
The customer agrees not to resell the products. The customer agrees that all his orders are for his personal consumption or for the personal consumption of any other person to whom the products are being sent at the customer's request. In the latter case, the customer, on behalf of such third party, accepts these general terms and conditions.
Article 4. Specific Provisions
4.1 Price, Invoice
The total price shown by Histoire Sucrée on the order is definitive. The price includes: the price of the products, handling costs, packaging, transport and all taxes applicable to exporting the products outside France. No custom duties or value added taxes shall be due for deliveries in the European Union and the United States.
The price will be in US dollars. Payment will only be accepted by credit card. Once the order has been accepted, the customer will be charged in US dollars. At the express demand of the customer, Histoire Sucrée will issue an invoice. The customer must indicate the address where the invoice is to be sent.
4.2 Transport - Delivery - Delivery Schedule.
Unless the customer has failed to make payment for any reason, the products will be delivered to the address indicated within a period of one to nine days (only working days taken into account).
The delivery time given to the customer by Histoire Sucrée may vary depending on the country involved. Histoire Sucrée shall not be held liable if the delivery times are not respected for any given order.
In case delivery is made and nobody is at the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and that the customer should come to recover the products at a location specified by the carrier. Histoire Sucrée will not, for any reason, be held liable for any deterioration in the products due to a customer's failure to collect the products in a timely manner.
4.3 Qualification upon Receipt - Limited Rights to Reimbursement/Replacement.
The customer can only make a claim if the packaging containing the products is seriously damaged.
The claim must be made in writing to the carrier at the time of delivery. A copy must be mailed to Histoire Sucrée no later than 48 hours after the claim was made. With the claim, the customer shall supply the carrier's confirmation of the validity of the customer's claim.
If the above procedures are respected, and the claim is proven to be valid due to the packaging and products being seriously damaged, Histoire Sucrée will either reimburse the customer the price or replace the products at Histoire Sucrée’s expense.
4.4 Limited Guarantee
Histoire Sucrée guarantees that the products are made in France unless otherwise indicated and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the site at the date the order was made. Histoire Sucrée guarantees that the products are of good quality and were fresh when given to the carrier.
4.5 Liability - Limitation of Liability
The customer is personally liable for his choice of products and after delivery is entirely responsible for the conservation and consumption of the products.
In this regard, the customer is hereby notified that the packaging of the products indicates the last date on which the products should be consumed and warns the customer to check if the products have deteriorated as a result of heat, transport or any other cause. Histoire Sucrée will not be held liable for damage resulting from any of these causes.
C. Invalidity - Force Majeure - Applicable law - Competent Courts
If any one of the clauses of these general terms and conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause.
Neither Histoire Sucrée nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of products, fire, earthquakes, storms or floods.
These general terms and conditions are governed exclusively by French law. All litigation or disputes between the parties shall be brought only before the competent court in Toulouse.
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