GENERAL TERMS AND CONDITIONS – LE PAIN QUOTIDIEN
[PQ Belgium SA, trading under the name Le Pain Quotidien, opérant sous la dénomination « Le Pain Quotidien », SAS au capital de 8 262 998,64 €, ayant son siège social au 42 rue de Cléry, 75002 Paris (France) et immatriculé au RCS Paris B 417 706 298. (hereinafter referred to as “Le Pain Quotidien” or “We”, “Us”) is a company specialized in the production of baked products, bread, salads, sandwiches, drinks and tartines.
Le Pain Quotidien can be contacted via email@example.com or + 33 (0)1 44 78 02 91
The customer can be any natural or legal person who enters into a contractual relationship of any kind with Le Pain Quotidien (hereinafter referred to as the “Customer” or “You”) or any person who acquires products exclusively for non-professional purposes (hereinafter referred to as the “Consumer”) via www.lepainquotidien.com (hereinafter referred to as the “Webshop”).
Clause 1 – Applicability
1.1 Save as explicitly agreed otherwise in writing, these general terms and conditions shall apply to all purchases and orders made via the Webshop.
1.2 Placing an order on the Webshop implies full knowledge and unconditional acceptance of Le Pain Quotidien’s general terms and conditions.
1.3 Le Pain Quotidien reserves the right to revise these general terms and conditions at any time. The revised terms and conditions will apply to any agreement entered into thereafter but will in no event affect orders which have already been confirmed by Le Pain Quotidien.
1.4 The application of Le Pain Quotidien’s general terms and conditions precludes the application of any (general or special) terms and conditions of the Customer.
Clause 2 – Orders
2.1 The Webshop contains as accurate as possible descriptions and illustrations of the products offered to enable the Customer to place a well-informed order. Certain non-substantial characteristics of a product may on delivery differ from the descriptions and illustrations as displayed on the Webshop. Colors may also vary slightly, depending on the lighting and settings of the computer screen used.
2.2 Le Pain Quotidien is not bound by descriptions of products which are clearly affected by an error or mistake, such as but not limited to obvious errors in the quotation.
2.3 Products are only available as long as the stock lasts. If the Customer orders a product through the Webshop that is out of stock, Le Pain Quotidien will inform the Customer as soon as possible by e-mail or by phone and the Customer shall have the right to cancel the order against reimbursement. Le Pain Quotidien shall in no event be liable for damages resulting from the unavailability of a product.
2.4 Le Pain Quotidien may periodically change the products available on the Webshop and does not undertake to continue to supply any particular product or type of product.
2.5 In order to place an order on the Webshop, the Customer must be at least 18 years old. If Le Pain Quotidien notes that the Customer is younger than 18 years old, the order will be cancelled.
2.6 Orders can only be processed if the Customer clearly identifies itself by filling in its address and invoice details in the contact form. The information must always be up to date and truthful.
Clause 3 – Agreement
3.1 To enter into an agreement with Le Pain Quotidien through the Webshop, the following steps must be taken:
- You must add the products You wish to purchase to your shopping cart, and then proceed to the checkout;
- if You are a new Customer, You may then create an account with us and log in;
- if You are an existing Customer, You may enter your login details;
- You must then select your preferred method of delivery and confirm your order and your consent to the terms of this document;
- You will be transferred to our payment service provider’s website, and our payment service provider will handle your payment;
- We will then send You an initial acknowledgement and once We have checked whether We are able to meet your order, We will send You an order confirmation at the e-mail address as indicated on the contact form (at which point your order will become a binding agreement
3.2 Le Pain Quotidien and the Customer expressly agree that a binding agreement may be concluded by electronic means. The absence of a signature does not affect the binding force of the offer and its acceptance. The data recorded by Le Pain Quotidien by means of the electronic system of the Webshop as well as any e-mails exchanged between Le Pain Quotidien and the Customer shall serve as proof of the nature, content and date of the transaction, in so far as permitted by law.
Clause 4 – Right of withdrawal
4.1 This Clause 4 applies if and only if You contract with us as a Consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
4.2 The Consumer can exercise its right of withdrawal within 14 (fourteen) days after delivery of the product without giving any reason(s) and without any indemnity.
In accordance with Article 221-28 of the French Consumer Code, the Consumer cannot exercise its right of withdrawal for (i) products which are perishable and have a limited shelf life (e.g. pastries, macarons, chocolates, etc.), (ii) products made to the Consumer’s specifications or that are personalized (e.g. pastry orders), (iii) products which have been unpacked by the Consumer upon delivery and which cannot be returned for reasons of hygiene or health protection, (iv) alcohol beverages whose delivery is delayed for more that 30 (thirty) days and whose value as agreed at the conclusion of the agreement depends on market fluctuations that are beyond the control of Le Pain Quotidien.
4.3 If the Consumer wishes to exercise its right of withdrawal, it is obliged to report this to Le Pain Quotidien by using the model withdrawal form, as made available on the Webshop, or by means of an email to firstname.lastname@example.org the order number, the product(s) the Consumer wishes to send back and whether the Consumer wishes to return or exchange it.
4.4 The product must then be returned to Le Pain Quotidien within 14 (fourteen) days as from the day on which the Consumer has notified Le Pain Quotidien of its decision to withdraw from the agreement. The product has to be returned in an original, complete, undamaged and unused condition, with original tags. All accompanying documentation, (a copy of) the order form and packaging materials must be enclosed with the return. If the Consumer fails to comply with these conditions, Le Pain Quotidien shall repay the price of the returned products reduced with the associated costs.
4.5 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
4.6 The costs in relation to the return of the product(s) shall be borne by the Consumer.
4.7 Le Pain Quotidien shall not be liable for any damage, theft or loss of the products, as a result of the return of the products.
4.8 Provided that the Consumer has exercised the right of withdrawal in accordance with the previous paragraphs, Le Pain Quotidien shall repay the price paid by the Consumer (except – for the avoidance of doubt – any costs relating to the return of the products and, if applicable, any costs relating to any damage to the products) within a period of 14 (fourteen) days upon receipt of the products by the Consumer or, if earlier, after the Consumer has provided evidence that the products have been returned, by the same means of payment as used by the Consumer.
Clause 5 – Prices
5.1 The prices as shown on the Webshop are VAT-inclusive.
5.2 The prices do not include delivery costs which shall be paid by the Customer. The calculation of the delivery costs is indicated at the time of purchase.
5.3 The Prices are expressed in EURO.
5.4 Save in the event of errors, the price will be charged as stated at the time of the order. In the event of an error in the quotation, Le Pain Quotidien will inform the Customer by email as soon as possible upon confirmation of the order. Where applicable, the Customer will have a choice to either accept the new (correct) price or cancel the order and receive reimbursement of the price that is already paid. In the absence of reply from the Customer within a period of 7 (seven) days upon notification, the order will automatically be cancelled.
5.5 Le Pain Quotidien may, at any time and without any notice, adjust the prices as displayed on the Webshop. A price adjustment will however not apply to orders already placed.
Clause 6 – Payment
6.1 Unless agreed otherwise in writing, the invoices of Le Pain Quotidien will be payable immediately by means of a wire transfer to the bank account of Le Pain Quotidien. Products will be dispatched upon reception of the payment.
6.2 Payment must be made in accordance with one of the following payment methods (stating any costs associated with their use):
The general terms and conditions of the payment service provider ‘Mollie’ shall apply to the payment. If a credit card payment method is chosen, it is subject to the conditions of the card issuer.
Clause 7 – Delivery
7.1 Except when the agreement is entered into by a Consumer, the date of delivery as specified by Le Pain Quotidien is indicative. Delays in delivery shall, as the case may be, not give rise to any right to compensation on the part of the Customer, nor to a right to terminate the agreement with Le Pain Quotidien.
If Le Pain Quotidien has entered into an agreement with a Consumer, the date of delivery as specified by Le Pain Quotidien shall be binding and, in so far as no delivery date would have been agreed on, a maximum delivery period of 30 (thirty) days shall always apply as from the day the order has been confirmed by Le Pain Quotidien.
In any event, provided that the products have not been delivered within 30 (thirty) working days upon confirmation of the order, for whatever reason or from whatever cause other than a force majeure event or the Consumer’s fault, the agreement may be cancelled at the Consumer’s request under the conditions provided for in Articles L. 216-2 and L. 216-3 of the French Consumer Code. The sums paid by the Consumer will be returned at the latest within 14 (fourteen) days following the date of termination of the agreement, excluding any compensation or deduction.
7.2 The products shall be delivered at the address specified in the contact form, or can be collected at store.
7.3 Delivery is deemed to take place at the time the products are offered the first time to the specified delivery address or at the time the products are collected in store or, in case of a Consumer, when the Consumer takes physical possession of the products. If delivery is unsuccessful due to the Customer, costs (if any) of new delivery attempts will be entirely at the expense of the Customer.
7.4 Except when the agreement is entered into by a Consumer, the risk for loss or damages pertaining to the products will be transferred to the Customer as soon as they are delivered to the Customer.
The risk for loss or damages pertaining to the products will be transferred to the Consumer as soon as the latter takes physical possession of the products.
7.5 Considering the perishable nature of the products, the Customer acknowledges they have to be kept in a refrigerated environment, or otherwise as indicated on the packaging of the products.
7.6 If multiple products are ordered, Le Pain Quotidien reserves the right to deliver each product separately. However, Le Pain Quotidien undertakes to do its utmost to deliver the products at once.
Clause 8 – Warranty and complaints
8.1 Le Pain Quotidien guarantees to deliver products that correspond to the description and the specifications as mentioned on the Webshop.
8.2 Upon receipt of the products, the Customer has to inspect the products immediately. Given the perishable nature of the products, complaints are to be reported in writing to Le Pain Quotidien immediately and no later than 24 (twenty-four) hours after delivery.
8.3 In the event that products delivered by Le Pain Quotidien are defective, Le Pain Quotidien shall replace the relevant product(s) free of charge without the right to any compensation for the Customer.
8.4 Le Pain Quotidien shall not be responsible for any defect, where such defect relates to matters not due to Le Pain Quotidien, including but not limited to any defect caused by the Customer (e.g. negligent cooling of delivered products that have to be kept refrigerated).
8.5 Furthermore, Consumers are reminded that the products sold on the Webshop comply with the regulations in force in France. The products are in accordance with the legal provisions of the legal guarantee of conformity and the legal guarantee against hidden defects.
– Legal guarantee of conformity
In accordance with Article L. 217-4 of the French Consumer Code, Le Pain Quotidien is obliged to deliver products that comply with the agreement and is liable for any lack of conformity at the time of delivery. In this respect, Article L. 217-5 of the French Consumer Code specifies:
“In order to be in conformity with the agreement, the products need to:
- be fit for the expected use of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
– have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
- present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter“.
Within the framework of this guarantee, the Consumer:
– has two years from the date of delivery to take action;
– can choose between repairing or replacing the products, subject to the cost conditions provided for in Article L. 221-9 of the French Consumer Code;
– is exempted from having to prove the existence of the lack of conformity of the products during 24 months following delivery of the products.
– Warranty for hidden defects
The Consumer may decide to implement the guarantee for hidden defects within the meaning of Article 1641 and following of the French Civil Code affecting the products delivered, under the conditions provided for in the Articles 1641 to 1649 of the French Civil Code, provided that the Consumer proves the hidden defect and that he acts within two years from the discovery of the defect (Article 1648 of the French Civil Code).
In the event that the guarantee for hidden defects is implemented, the Consumer may choose between cancellation of the agreement or a price reduction in accordance with Article 1644 of the French Civil Code.
Clause 9 – Data protection
9.1 Le Pain Quotidien shall process all personal data it receives from the Customer in accordance with the obligations relating to the processing of personal data, including the General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and the free movement of such data.
9.2 Le Pain Quotidien shall process the Customer’s personal data in order to fulfil its contractual obligations towards the Customer and to comply with legal and regulatory requirements, as well as to continue to improve the quality of the products and services of Le Pain Quotidien.
9.3 If the Customer requires more information regarding the processing of personal data by Le Pain Quotidien, it can contact Le Pain Quotidien via e-mail (email@example.com) or consult the privacy statement of Le Pain Quotidien on its website.
Clause 10 – Intellectual property rights
10.1 Le Pain Quotidien reserves all intellectual property rights on the website itself and on all its components, including but not limited to all texts, illustrations, lay-out, data, software, names, trademarks, labels and logos, whether or not registered.
10.2 Neither the website itself nor the information offered on the website may be stored, reproduced, modified, published, distributed, transmitted, sold, transferred to third parties or used in any form or manner without the prior written consent of Le Pain Quotidien.
Clause 11 – Force majeure
11.1 Neither party shall be liable for any delay or failure to perform its obligations if such delay or failure is due to a force majeure event. The concerning party shall inform the other party in such case within a period of 5 (five) days after the commencement of the force majeure event. A force majeure event is any cause beyond the reasonable control of such party that prevents that party from performing under the agreement, temporarily or permanently, even if the cause was foreseeable. Without being exhaustive, a force majeure event includes: stock shortages, third party delays, defective machines, strike, lockout, fire, uprising, war, epidemic, flood, electrical failures and government related decisions.
11.2 In case of a force majeure event, the performance of obligations of the affected party is suspended. Both parties will use best efforts to limit the consequences of the force majeure event. In the event either party is unable to resume performance of the applicable obligations within 30 (thirty) days of providing notice of a force majeure event, the other party may terminate the agreement immediately, without compensation.
Clause 12 – Liability
12.1 Except in case of wilful intent or gross negligence, Le Pain Quotidien shall not be liable for immaterial, indirect or consequential damages, including but not limited to loss of profit or turnover, business interruption, loss of income, loss of customers, or any other form of damages.
12.2 Le Pain Quotidien shall not be liable for damages caused by errors due to the Customer, force majeure events or third parties, such as late delivery or non-delivery due to the carrier of the products.
12.3 The total liability of Le Pain Quotidien for direct damages will in any case be limited to the amount (including VAT) that was paid by the Customer for the product(s) under the related order. Such limitation of liability does not apply to Consumers.
12.4 Nothing in this Clause 12 shall limit or exclude any liability for death or personal injury resulting from negligence.
Clause 13 – Assignment
13.1 The Customer hereby agrees that Le Pain Quotidien may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions.
13.2 The Customer may not without Le Pain Quotidien’s prior written consent assign, transfer, sub-contract or otherwise deal with any of its rights and/or obligations under these terms and conditions.
Clause 14 – No waivers
14.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
14.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
Clause 15 – Severability
15.1 If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, then such provision or part of it shall be deemed not to form part of these terms and conditions, and the legality, validity or enforceability of the remainder of these terms and conditions shall not be affected. If applicable, parties shall negotiate in good faith in order to replace the concerning provision with an enforceable, legal and valid provision that is as close as possible to the intention of the original provision.
Clause 16 – Governing law and jurisdiction
16.1 These general terms and conditions shall be governed by and construed in accordance with the laws of Belgium.
16.2 The Dutch-speaking courts of Brussels shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms and conditions.
16.3 However, within the framework of an agreement between Le Pain Quotidien and a Consumer, these general terms and conditions shall be governed and construed in accordance with the laws of France.
In the event of a dispute, an amicable solution shall be sought as a matter of priority before any legal action is taken and in particular, the Consumer must contact Le Pain Quotidien by email at the following address: (firstname.lastname@example.org)
In addition, in accordance with Article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
In the absence of an amicable outcome and whatever origin of the dispute, whether it concerns the formation, execution, interpretation, validity, termination or resolution of these general terms and conditions, including protective procedures, emergency procedures, summary proceedings, warranty claims or plurality of defendants, the dispute shall fall within the jurisdiction of the competent courts of France, in accordance with the rules of common law, it being specified that the time limits to take legal action are not interrupted during the time during which an amicable solution is sought or mediation is requested by the Consumer.