The company FAUCHON, a simplified joint stock company with capital of 2,000,000 euros, registered in the Paris Trade and Companies Register under number 326 315 462, whose head office is located at 8 rue volney – 75002 Paris, identified under number of intra-community VAT FR 88 326 315 462 (hereinafter “FAUCHON”), operates a website accessible at the address https://www.fauchon.com (hereinafter the “Site”).
These General Conditions of Sale (hereinafter the “CGV”) govern the commercial relations between FAUCHON and any natural or legal person placing an order on the Site (hereinafter “the Customer”), it being specified that the protective provisions of the Code of Consumption included in the General Terms and Conditions do not apply to orders placed by legal or natural persons placing an order on the Site as part of their professional activity, whatever it may be (artisanal, commercial, liberal, industrial). ).
These General Terms and Conditions do not, however, apply to orders placed as part of the FAUCHON “Business Gifts” service, which are governed directly by the documents provided by FAUCHON to the Customer in this context.
I. Purpose of the General Terms and Conditions and current version
1.1. The purpose of these General Terms and Conditions is to define the conditions under which Customers can access the Site, use it and place an order with FAUCHON, including all rights and obligations arising therefrom.
They apply to any order placed by Customers via the Site, and to this method of ordering exclusively. Where applicable, the T&Cs will prevail over any other contradictory document not expressly accepted by mutual agreement by the Customer and FAUCHON as deviating from the T&Cs.
1.2. All Customers who access the Site undertake to respect, without restriction or reservation, the General Terms and Conditions, which are accessible at any time on the Site. here , and also brought to his attention before confirmation of his order.
1.3. FAUCHON may modify these General Terms and Conditions, in particular to take into account any legal, jurisprudential, editorial and/or technical developments. Modifications to the General Terms and Conditions will be enforceable as soon as they are posted online on the Site. From one order to another, FAUCHON invites the Customer to carefully reread the General Terms and Conditions appearing on the Site, the update dates being indicated.
In the event of modification, the applicable General Terms and Conditions are those in force on the date of the order placed by the Customer.
II. Products
2.1. The products offered for sale by FAUCHON are those available online on the date of the order by the Customer, within the limits of available stocks.
The Customer will be informed of the unavailability of a product when placing the order.
In the event that the product ordered by the Customer is no longer available after placing the order, FAUCHON will contact the latter as soon as possible in order to allow the Customer to either cancel the order or reimbursement of the product concerned, or, if a return to stock of the product is possible, a postponement of the delivery date after restocking of said product, or a substitution of the unavailable product of an equivalent value. In the event of cancellation and request for reimbursement, the latter is made within 10 (ten) days following the date of placing the related order, on the bank card used when placing the order.
2.2. Each product sold on the Site is the subject of a presentation summarizing its main characteristics as well as a detailed presentation (including in particular the composition of each product) accessible by clicking on the product concerned and scrolling the page from top to bottom. down.
2.3. The prices of the products are indicated in euros, all taxes included, they take into account possible reductions as well as the VAT rate in force on the day of the order.
The cost of delivering the products is not included in the price of the products, and is additionally invoiced to the Customer. Its amount is specified prior to final validation of the order.
The applicable prices are those displayed online on the Site at the time of validation of the order by the Customer.
III. Orders
3.1. The Customer can browse the Site and read the various products on sale without obligation to purchase and without obligation to register, unless certain promotional offers or reductions are reserved for holders of an account on the Site and he It is necessary to log in using your username and password to view them.
3.2. Any person wishing to place an order on the Site must be at least 18 years old on the day of placing the order. To place an order on the Site, the Customer must create an account on the Site. He must therefore, when placing an order, either identify himself with his identifiers and password, or complete the account creation form.
To create their account, the Customer must provide the following information: title, surname, first name, date of birth, full postal details, telephone number, valid email address and a password.
The Customer is required to provide complete, up-to-date and accurate information, failing which FAUCHON cannot be held liable in this regard.
The Customer is informed that some of the information requested is mandatory for the proper execution of the order he has placed, which he expressly acknowledges.
In the event of a forgotten password, the Customer can obtain a new one by clicking on the “ Forgotten password ” link. The Customer will receive an email inviting them to choose a new one under the conditions and terms which will be specified to them.
The Customer acknowledges that the combined entry of his identifier (email address) and password constitutes proof of his identity and binds him for any order placed through them. The Customer is responsible for the conservation of his password, which he is recommended not to disclose to third parties. The Customer undertakes to inform FAUCHON as soon as possible of any use of its username and password which would be carried out by a third party not authorized by the Customer.
3.3. The Customer's order is carried out in two stages: the Customer chooses and selects the product(s) he wishes to purchase, by clicking on " Add to cart ", and by first consulting the product sheet of the products concerned and checking that they suit him.
Once their selection has been made, they can continue their selection by clicking on “ Continue shopping ”, view a complete summary of their order by clicking on “ My basket ”, or finalize their order by clicking on “ Order ”.
If he chooses to finalize his order, the Customer must then decide on the delivery method, the means of payment as well as the billing and delivery addresses. A summary of the order is presented to him (products ordered, quantity and price of the products, delivery price, delivery method, desired delivery date, etc.) before the Customer definitively confirms it by accepting these General Terms and Conditions and clicking on “ place order” .
The total cost, including VAT and delivery, will be clearly indicated to the Customer in euros before validation of the order.
Until his order is validated, the Customer has a mechanism allowing him to modify or cancel it, in whole or in part, using the “modify your basket” or “modify” functions. Validation by the Customer via payment of the order means that the order is firm and final, unless otherwise provided below. The order can no longer be modified (quantity, products, desired delivery date and time, etc.) after validation by the Customer.
The Customer cannot place an order for a delivery address that is not served by FAUCHON. The territories covered by the Site are listed here .
3.4. Payment for the Customer's order can be made by credit card (Visa, Mastercard, American Express), Paypal, via the secure interface made available by the CIC bank. When payment is made by credit card, the Customer must validate the order by entering a security code sent to him by SMS to the number indicated when creating his account.
In the event of payment by credit card, the Customer must provide the following information: name of the card holder, card number, expiry date, 3 (three) digit cryptogram number.
Payments by means of payment other than those listed above are not accepted.
Orders are taken into consideration by FAUCHON subject to payment: in the event of payment by bank card, payment will be taken into consideration at the time of confirmation issued by the banking establishment of the holder of the bank card used for payment. In the case of PayPal payment, payment will be taken into consideration at the time of confirmation by Paypal of sufficient funds in the relevant account.
In the event of an order exceeding one hundred (100) euros, FAUCHON may require proof of identity as well as a copy of the card used for payment in order to combat payment fraud.
3.5. Once the order is validated and payment is made, the Customer receives an order confirmation by email. This email summarizes the characteristics of the order (products ordered, price, desired delivery time, etc.), as well as the possibilities for exercising your right of withdrawal, for the products for which it can be implemented.
It is recommended that the Customer print and/or keep this order confirmation.
IV. Delivery
4.1. The Customer's order is shipped after receipt of the full price of the order, including transport costs.
4.2. The delivery time specified just before finalizing the order, and on the order summary, runs from the day following that of validation of the order by the Customer.
4.3. Delivery costs depend on the delivery method chosen by the Customer when placing the order. These are indicated to the Customer when placing their order, and are also detailed here .
Delivery times are expressed in working days, which are Monday to Saturday – excluding public holidays.
If the delivery deadline mentioned when placing the order and in the order confirmation is exceeded - not due to a case of force majeure, the Customer may cancel his order either by registered letter with request for acknowledgment of receipt. addressed to FAUCHON – WEB Service – 8 rue Volney – 75002 Paris, or in writing on any other durable medium (e-mail, fax) if, after having instructed FAUCHON, according to the same terms (registered letter or writing on any other durable medium ), to make delivery within a reasonable additional period, FAUCHON has not complied within this period. The order will be canceled and consequently the contract will be considered terminated on the date of receipt by FAUCHON of the letter or writing informing it of the Customer's intention to take advantage of this right of cancellation, unless that FAUCHON has not been executed in the meantime. FAUCHON then undertakes to reimburse the Customer for the sums that the latter has paid to it within a maximum period of fourteen (14) days following receipt of the letter of resolution by bank transfer or check. In addition, the Customer may immediately cancel his order when FAUCHON does not fulfill its obligation to deliver the product(s) on the date or at the end of the stipulated period and this date or period constitutes for the Customer an essential condition of the contract, said essential condition resulting from the circumstances surrounding the conclusion of the contract or from an express request from the Client before the conclusion of the contract.
4.5 Delivery outside Paris: Macarons, pastries and other fresh products are delivered to the recipient of the order indicated by the Customer, from Tuesday to Saturday, only in Metropolitan France and Monaco and in Corsica, by Chrono 13 (no delivery to Relais points Chronopost) in specific packaging intended to ensure their optimal conservation. Macarons can only be consumed until the Use-By Date (“DLC”) indicated on the label appearing under the box containing them (the DLC being five calendar days from the date of departure of the package appearing on the transport label), FAUCHON particularly draws the attention of its Customers to the need:
i) to set a delivery date allowing delivery of the package to the recipient on that date. PLEASE NOTE: Indeed, if the package is collected by the recipient more than seventy-two (72) hours after the date of its departure from the FAUCHON logistics center – date appearing on the transport label – FAUCHON can no longer guarantee the freshness of macarons (for example: package sent on the 10th and collected by its recipient on the 14th or the following days);
ii) place the macaroons in the refrigerator upon receipt of the package;
iii) not to freeze them (the production already includes a rapid freezing step in order to obtain a melting and crispy texture when tasting).
Specific case of orders for which the Customer chooses Store Collection
When placing an order, the Customer can choose to collect their products directly from the FAUCHON store, located 11, Place de la Madeleine – 75008 Paris, during store opening hours, which is open from Monday to Saturday (excluding days public holidays and exceptional closures of the store (information where applicable on the Site) from 10 a.m. to 6:30 p.m. The Customer will indicate the dates and time slots for collection of their purchases, it being specified that the preparation of the Customer's order requires at least a period of 3 (three) hours between payment and confirmation of the order and collection in store.
For collection on the same day of the order, the Customer is informed that he must place his order before 12 p.m. Any order placed after 12 p.m. will only be available in store the following working day, during store opening hours.
A period of 24 (twenty-four) hours or 48 (forty-eight) working hours (excluding public holidays, Sundays and exceptional closing days) may be necessary to prepare the Customer's order, depending on the products ordered (catering and pastry in particular). In this case, the collection dates and times must be selected after the end of this preparation period, of which the Customer will be informed prior to validation of their order. For example, for an order placed on Thursday at 3 p.m. requiring a preparation time of 24 (twenty-four) hours, it can only be collected on Friday at 3 p.m. For an order placed on Saturday at 11 a.m. requiring 24 (twenty-four) hours of preparation, the order will only be available on Monday of the following week at 11 a.m. These cases are given by way of example, and the Customer must in any case take note of the preparation time announced before finalizing his order and ensure that it suits him.
The Customer cannot modify his order after having validated and paid it. He may cancel it provided that this cancellation is made within 48 (forty-eight) hours preceding the withdrawal dates and times that he has indicated.
The order is collected by the Customer with the confirmation received by email and their identity document. The Customer may appoint a third party to collect their order, who must present confirmation of the Customer's order, a copy of the latter's identity card as well as their own identity document.
The Customer undertakes to check the conformity of his order at the time of its collection, as well as the condition of the products and in the event that a person other than the Customer is the recipient of the Products, the Customer must ensure that the recipient concerned ensures the conformity and condition of the products when they are collected from the store. Withdrawal of his order means that he considers it to be complete and undamaged.
If the Customer does not show up on the days and times indicated, FAUCHON keeps the Customer's order until the store closes on the same day.
After this period, it will be considered that the Customer will no longer be able to collect the order for perishable products.
In the event of late cancellation of the order, i.e. less than 48 (forty-eight) hours preceding the date and time of collection of the ordered indicated by the Customer, or in the event of absence of collection of orders on the date and time indicated , FAUCHON will only be required to reimburse products which may be subject to the right of withdrawal, as described in article 5 of the General Terms and Conditions. This refund will be made by re-crediting the bank card or Paypal account used when placing the order, within 14 (fourteen) days from the day of cancellation of the order or the day of collection. initially programmed by the Customer, after deduction where applicable of gift or personalized packaging which cannot be reused for reasons of hygiene and health protection.
The Customer can contact the FAUCHON service in charge of the “CLICK&COLLECT” delivery method, by telephone on 01 70 39 38 00 or by sending a message on our contact form.
Delivery by driver
This service is only available for orders delivered in Paris and the following Ile-de-France departments: 92, 93, 94, 6 (six) days a week (seven), Monday to Saturday (excluding Sunday, public holidays and exceptional closure). We invite you to contact us to find out about the delivery possibilities with driver in departments 77, 78, 91 and 95.
When placing an order, if the delivery address provided allows delivery by driver, the Customer can choose the delivery method by driver. However, certain products, particularly fragile, can only be delivered by driver and this information appears on the product sheet. The customer will indicate the desired delivery date and time slot. The delivery time is indicative, and depends in particular on the delivery address and events independent of FAUCHON (road traffic, weather, etc.).
The Customer is informed that he must place his order at least two working days before the scheduled delivery day.
The Customer is required to ensure the conformity of his order at the time of delivery, as well as the condition of the products, and in the event that a person other than the Customer is the recipient of the Products, the Customer must ensure that that the recipient concerned ensures the conformity and condition of the products upon delivery.
The Customer undertakes to be present or ensure that the recipient of the order is present at the delivery address indicated at the time of the order, on the dates and times indicated by the Customer. If this is not the case, the delivery person will call the number provided by the Customer when registering on the Site.
If he is unable to contact him or the Customer is not available, the Customer's order is kept by the driver and returned to FAUCHON. The Customer may then set a new delivery date for non-perishable products only and at his expense within 7 (seven) calendar days from the initial delivery date, by contacting customer service via the Contact form or by telephone at 01 70 39 38 00. It is expressly agreed, with regard to perishable products, that they cannot under any circumstances be refunded or subject to postponement of delivery. In any case, the Customer must pay the costs of a new delivery.
In the event that the Customer does not request a new delivery date within the time limit set above, the order will be considered canceled. FAUCHON will reimburse products subject to the right of withdrawal, as well as delivery costs. This refund will be made by re-crediting the bank card or Paypal account used when placing the order within 14 (fourteen) days from the cancellation of the order or the day of delivery, after deduction where applicable, gift or personalized packaging that cannot be reused for reasons of hygiene and health protection.
Delivery by Colissimo
Delivery in two (2) working days from Monday to Saturday in mainland France (excluding Corsica) from 8 a.m. to 7 p.m. on weekdays and from 8 a.m. to 12 p.m. on Saturdays.
The Customer undertakes to check the conformity of his order at the time of its receipt, as well as the condition of the products and in the event that a person other than the Customer is the recipient of the Products, the Customer must ensure that the The recipient concerned ensures the conformity and condition of the products upon delivery. In the event of a compliance problem, the customer must contact Customer Service within 3 days of receipt of the package.
The order cannot be canceled once the package has been shipped. The Customer will be informed of the shipping date of the order by email / by connecting using the Colissimo reference available in their FAUCHON secure space.
In the event of delivery failure, the package may, at Colissimo's discretion, be left at a relay point, and the Customer or recipient will be notified by Colissimo.
You can also take advantage of our delivery service with Hipli, a reusable parcel that returns to any La Poste mailbox. 2€ is the price of this eco-responsible gesture, FAUCHON Paris covers 1€. Our Hipli delivery service is available on a selection of products, if your basket is eligible, Hipli will be displayed in the delivery method section . Click here to know more.
Delivery by Chronopost
The Customer undertakes to be present or ensure that the recipient of the order is present at the delivery address indicated at the time of the order, on the dates and times indicated by the Customer. If this is not the case, the delivery person will call the number provided by the Customer when registering on the Site.
The average delivery times for orders observed are: for delivery in mainland France, day of order + 2 (two) days. FAUCHON cannot be held liable in the event of a delivery delay beyond its control. To find out Chronopost's delivery times, we invite you to consult the link below: here
The countries and territories in which FAUCHON delivers its products are specified on the Site, accessible at the address here .
As of today, our products can be delivered in mainland France (Corsica included) and outside DROM-COM, as well as in Monaco and in the following countries:
- Area 1 : Germany, Belgium, Luxembourg, Netherlands
- Zone 2 : Austria, Denmark, Spain, Finland, Greece, Ireland, Portugal, Italy, Sweden
- Area 3 : Bulgaria, Cyprus (excluding areas under Turkish authority), Estonia, Hungary, Latvia, Liechtenstein (excluding alcohol), Lithuania, Malta, Poland, Czech Republic, Romania, Slovakia, Slovenia, Switzerland
- Other countries : Quotation. Consult us.
The Customer undertakes to check the conformity of his order at the time of its receipt, as well as the condition of the products and in the event that a person other than the Customer is the recipient of the Products, the Customer must ensure that the The recipient concerned ensures the conformity and condition of the products upon delivery. In the event of a compliance problem, the customer must contact Customer Service within 3 days of receipt of the package.
The order cannot be canceled once the package has been shipped. The Customer will be informed of the shipping date of the order by email / by connecting using the Chronopost reference available in their secure FAUCHON space.
In the event of delivery failure, the package may, at the discretion of Chronopost, be left at a relay point, and the Customer or recipient will be notified by Chronopost.
If the Customer fails to collect the products within the allotted time, the order will be considered canceled. FAUCHON will reimburse products subject to the right of withdrawal. This refund will be made by re-crediting the bank card or Paypal account used when placing the order within 14 (fourteen) days from the cancellation of the order or the day of delivery, after deduction, where applicable, of gift or personalized packaging that cannot be reused for reasons of hygiene and health protection.
In the event of cancellation before shipping the order, the customer will be refunded in full for the products. This refund will be made by re-crediting the bank card or Paypal account used when placing the order within 14 (fourteen) days from the cancellation of the order.
Delivery by Chronofresh
Certain fresh products can be delivered via the Chronopost Food service called “Chronofresh”. To find out the list of fresh products eligible for delivery, refer to the information on the product sheet.
The average delivery times for orders are, where applicable, as follows: for delivery in mainland France, day of order + 2 (two) days. FAUCHON cannot be held liable in the event of a delivery delay beyond its control. To find out Chronopost Food delivery times, we invite you to consult the link below: here
Given the fresh nature of the products delivered by Chronofresh, in the event of delivery failure due to an incorrect or incomplete address or cancellation of the order or absence of the recipient, no refund will be made.
International delivery
The Customer can place an order for delivery in the list of countries appearing here .
The average delivery times for orders are as follows: day of order + 2 (two) days of preparation, to be added to Chronopost International deadlines.
In any case, it is specified that delays may vary from several days to several weeks, depending on customs clearance, of which the Customer declares to be fully informed and expressly acknowledges.
Any costs and fees related to international transport taxes and customs are the responsibility of the Customer.
4.6. As soon as the products are delivered to the Customer, or for an order collected in store, the products have been collected in store, the transfer of risks linked to the products is carried out, the Customer or the recipient then becoming responsible for all damages that the products could suffer or cause.
Whatever the delivery method, the Customer undertakes to check the conformity of his order, as well as the condition of the products and in the event that a person other than the Customer is the recipient of the Products, the Customer must ensure that the recipient concerned ensures the conformity and condition of the products upon delivery. If applicable, the Customer will inform the responsible carrier of the nature and extent of the damage relating to the products, mentioning them on the delivery slip.
In the event of an apparent defect in the products delivered (breakage, defect, etc.), the Customer has a period of 3 (three) working days to make a written complaint (email, post) accompanied by one or more photographs of the product . The Customer does not have to return the product concerned. After this period, the products delivered will be considered free from all apparent defects. FAUCHON will reimburse or replace, by re-delivering to the Customer, the products affected by an apparent defect.
4.7. Any event meeting the definition of a case of force majeure within the meaning of case law and legal provisions which would prevent or make exorbitant the execution of supplies constitutes, by express agreement, a cause for suspension or extinction of obligations. by FAUCHON. The event in question being beyond the control of FAUCHON, the Customer will not be compensated in this respect. FAUCHON will inform the Customer by any means of the existence of a case of force majeure, offering him the possibility of canceling his order and being reimbursed.
V. Right of withdrawal
5.1. In accordance with articles L. 221-18 et seq. of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from receipt of any product ordered on the Site. The Customer does not need to justify a particular reason or pay penalties.
Beyond this period of fourteen (14) clear days, no withdrawal request will be processed. The right of withdrawal can be exercised with FAUCHON by unambiguous letter, sent to 8 rue volney – 75002 Paris or by means of the available form. here . FAUCHON will then send an acknowledgment of receipt of this form.
5.2. Please note that all products can be returned, with the exception of products designated by article L. 221-28 of the Consumer Code, which cannot be subject to a right of withdrawal. These include (i) products likely to deteriorate or expire quickly (fresh catering and pastry products, macaroons, chocolates, candied chestnuts, confectionery trays, personalized infusions, etc.), (ii) goods made according to the Customer's specifications or clearly personalized (catering or pastry orders), (iii) goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection, (iv ) alcoholic beverages whose delivery is deferred beyond 30 (thirty) days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of FAUCHON.
5.3. For products which may be subject to a right of withdrawal, the Customer must return them to the address FAUCHON – Service WEB – 8 rue Volney – 75002 Paris, within fourteen (14) days from the date of delivery. exercise of the right of withdrawal. The costs of returning products are the responsibility of the Customer, it being specified that the return cost varies depending on the type of product concerned, carrier or shipping, weight, size or volume of the products. The products must be returned in their original packaging, unsealed, opened or opened, intact and ready to be put back on the market.
If the right of withdrawal is exercised, the price of the returned product(s) will be refunded, as well as the delivery costs of the initial order (with the exception of additional costs arising from the Customer's choice of benefit from a more expensive delivery service than the standard delivery service offered on the site), but not the return costs.
5.4. FAUCHON will reimburse the Customer using the same means of payment as that used to place the order, at the latest within fourteen (14) days following sending proof of shipment of the product before said deadline, or receipt of the product by FAUCHON.
VI. Product Warranty
All products sold through the Site benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, allowing defective products to be returned to FAUCHON.
Legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code)
Article L217-4 Consumer Code
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-7 Consumer Code
“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Article L217-8 Consumer Code
“The buyer has the right to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
Article L217-9 Consumption code
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Article L217-10 Consumer Code
“If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor. »
Article L.217-11 of the Consumer Code
“The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer.
These same provisions do not prevent the award of damages. »
Article L217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code)
Article 1641 Civil Code
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
Article 1644 Civil Code
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
Article 1645 Civil Code
“If the seller knew of the defects in the thing, he is liable, in addition to restitution of the price he received, for all damages owed to the buyer. »
Article 1646 Civil Code
“If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Article 1648 paragraph 1 Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect. »
1/ When acting as a legal guarantee of conformity, the consumer:
- benefits from a period of two years from the delivery of the property to take action;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. For second-hand goods, this legal guarantee can be implemented within this 24-month period, under the following conditions: if this lack of conformity is identified within 6 months after delivery, the consumer is exempt from reporting proof of said defect. After this period, he must prove that this defect existed before the sale.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
2/ The consumer can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code, and must act within two (2) years from the discovery of the defect.
VII. Use of the platform - Customer obligation
7.1. When registering online on the Site, the Customer undertakes to provide true, accurate, up-to-date and complete information on his identity and all the contact details he provides. The use of pseudonyms is strictly prohibited. The Customer undertakes to immediately update the data he communicated during his Registration in the event of a modification. Customers are reminded that article 226-4-1 of the Penal Code punishes with one year's imprisonment and a fine of €15,000 the act of usurping the identity of a third party or using one or more data of any kind allowing him to be identified with a view to disturbing his peace or that of others, or to harm his honor or his consideration. The Customer who notices one or more facts constituting the crime of identity theft must immediately inform FAUCHON via the Contact form.
A Customer can only open one account on the Site, which is limited to their personal use only.
7.2. The Customer is solely responsible for the use made of his account as well as the protection of his username and passwords. Any identity theft, loss, misappropriation or unauthorized use of a Client's identifiers and/or account and their consequences are the sole responsibility of that Client. In all cases mentioned above, the Customer is required to notify FAUCHON, without delay, by electronic message, specifying his/her last name, first names, postal code, city, date of birth, telephone number, the electronic address used for his account and if possible its old password, via the contact form , to allow FAUCHON to take measures to remedy the situation, and in particular to proceed with the immediate cancellation and/or update(s) of the identifier concerned and/or the password pass concerned. Misuse of this signaling ability is likely to result in liability for the person who misuses it.
Likewise, the Customer guarantees to be the exclusive user of his mobile device. The Customer is solely responsible for the equipment with which he accesses the Site (purchase, maintenance, etc.), of which he is responsible, including his email address, username and password, etc. He must not leave his cell phone or any other mobile device unattended.
The Customer undertakes to take all necessary and useful measures to protect and secure their equipment, username and password, in particular by never communicating their username and password to third parties or leaving them accessible to them.
The Customer is fully informed of the risks linked to the loss or theft of his username and password, the hacking of his equipment or any other fraudulent action allowing unauthorized use of his account.
7.3. In the event of knowledge of manifestly illicit action by a Customer in the context of their activity on the Site or in connection with the latter and/or in the event of violation of the stipulations of these General Terms and Conditions and/or of any legal or regulatory obligations, FAUCHON may, immediately, without notice or compensation, delete or suspend the Customer's account. FAUCHON reserves the right to pursue before the competent legal authorities any use of the Site which does not comply with these General Terms and Conditions.
7.4. Customers acknowledge that their access to the Site may be subject to certain technical requirements. Therefore, Customers must have a high-speed internet connection and a recent browser. Failing this, FAUCHON cannot be held liable for any operating difficulties on the Site that may exist.
VIII. Protection of privacy and personal data
8.1. Customers must create an account on the Site and provide certain personal data to place an order, including in particular their title, first and last name, email address, telephone number, etc.
8.2. Customers' personal data are subject to automated processing by FAUCHON, which is the data controller, for the purposes of management and administration of the commercial relationship with the Customer as well as prospecting.
8.3. Types of data collected:
There are two types of data:
- data marked with an asterisk: these data collected during the creation of the customer account and/or the placing of the order are necessary for the proper execution of the order and in particular for the delivery and invoicing of the order ;
- other data requiring an optional response when creating the customer account and/or placing the order, communicated voluntarily by the Customer who may withdraw their consent at any time, without affecting the lawfulness of the processing given on the consent given before its withdrawal.
The data collected when creating the Customer account (surname, first name, address, etc.) and/or placing the order are kept for a period of three years from either the end of the commercial relationship or their collection. or the last contact from you. This data may then be archived until the end of the applicable limitation periods, to enable proof of a related right to be established or to comply with a legal obligation.
This data will be the subject of possible external communications only for:
- Allow the logistics service provider, as a subcontractor, to prepare the order
- Allow the designated carrier, in its capacity as subcontractor, to make deliveries to Customers
- Allow the sending of newsletters and the management of the FAUCHON loyalty program
- Allow service providers and subcontractors intervening for technical purposes (website maintenance, hosting, etc.) to carry out their services,
- Meet legal and regulatory obligations or at the request of an administration or judicial authority.
FAUCHON ensures optimal security measures against the loss, misuse and alteration of the information entrusted to it or that it collects from the Customer.
In accordance with the regulations applicable to the protection of personal data (arising from May 25, 2018 from the European Regulation on the Protection of Personal Data), the Customer has the right to request access, rectification or erasure personal data, or a limitation of processing, or the right to object to processing and the right to data portability which he can exercise by sending an email to the following address: dpo@fauchon.fr or by writing to the head office of the FAUCHON Company.
The Customer may also lodge a complaint with the CNIL.
8.4. FAUCHON may set up cookies on the Site. The Customer's prior consent must be obtained for the installation of these cookies. This is an automatic tracking process which records information relating to navigation on the Site, and stores information entered during visits in order to facilitate the registration procedure and use of the Site by the Customer. In accordance with current legislation, cookies will be kept for 13 (thirteen) months by FAUCHON, unless otherwise required by law. At the end of this period, the Customer's consent must again be expressly obtained to continue the use of cookies.
The Customer may object to their installation and/or delete them by following the procedure indicated on their browser.
Cookies cannot run programs or introduce viruses to the computer or mobile phone. Cookies are uniquely assigned and can only be read by the web server of the domain that issued the cookie.
The Customer is informed that by refusing cookies, he may not be able to access certain features of the Site.
Find out everything about our Cookies policy .
IX. Intellectual property
9.1. Without this list being exhaustive, the “FAUCHON” brands as well as its derivatives, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, as well as the company names, commercial names, brands , domain names, without this list being exhaustive, constitute protectable elements within the meaning of the French Intellectual Property Code, whether by copyright, trademark law or any other private right. FAUCHON is the owner and/or operator.
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by FAUCHON on the Site are also protected by all rights of intellectual property or rights of database producers in force. Any reuse, copies and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of FAUCHON are strictly prohibited and may be subject to legal proceedings. .
Any reproduction or representation, total or partial, of the Site or the elements composing it, such as brands, logos, graphic charter, layout, information, photographs, presentation and content of the Site, without this list whether restrictive, is prohibited.
9.2. Registration on the Site does not entail any transfer of intellectual property rights for the benefit of the Client, who is solely responsible in the event of ignorance of the aforementioned provisions.
9.3. The Site may contain hypertext links to third-party websites, managed by third parties, over which FAUCHON exercises no control.
Consequently, FAUCHON declines all responsibility for the content of these third-party sites, the use that could be made of them as well as the content to which these third-party sites may refer, for which the third party concerned is solely responsible.
X. Account deletion
The Customer may suspend or close his account at any time, for any reason, by sending the request to FAUCHON by email to the following address: dpo@fauchon.fr . This deletion will take effect after the expiry of the cancellation and withdrawal periods relating to the last order placed by the Customer.
If the Customer deletes his account, he will no longer be able to place an order via the Site, unless he creates a new account.
XI. Non-waiver - Completeness - Proof of transactions
11.1. The fact that FAUCHON does not take advantage of a stipulation of the General Terms and Conditions or of a failure or failure of the Customer to fulfill any of its contractual or legal obligations cannot be interpreted as a waiver of taking advantage of this stipulation, of this failure or this breach.
11.2. In the event that a provision of the T&Cs is declared null or invalid, this provision will be considered unwritten, all other provisions of the T&Cs continuing to apply.
11.3. Unless proven otherwise, the data recorded by FAUCHON constitutes proof of all transactions.
XII. Customer Relations Department
The Customer may in all cases contact FAUCHON by telephone at 01 70 39 38 00, Monday to Friday from 10 a.m. to 6 p.m., either by mail addressed to FAUCHON – WEB Service – 8 rue Volney – 75002 Paris, or via the contact form .
XIII. Applicable law and competent jurisdiction
These General Terms and Conditions are governed by French law.
In the event of a dispute relating to an order, the Customer must contact FAUCHON as a priority, in order to find an amicable solution, via the Contact form.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 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 from the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .
In the absence of an amicable outcome and whatever the origin of the conflict, whether in particular the formation, execution, interpretation, validity, termination or resolution of these presents General Terms and Conditions, including for conservatory procedures, emergency procedures, in the event of summary proceedings, warranty appeal, motion or multiple defendants, this will be within the jurisdiction of the competent French courts, in accordance with the rules of common law, it being specified that the deadlines for taking legal action are not interrupted during the time during which an amicable solution is sought or mediation requested by the Client.
Date of last update: September 30, 2022.
