General conditions of sale to individuals

Introduction :

This website maison-roux.fr is published by the company SARL MACARON DE PROVENCE, SARL with a capital of 81,500 Euros, registered with the RCS of Montpellier under number 750 675 258. Intracom VAT: FR 66 750675258 - Head office: 9 , rue du Cheval Vert 34000 Montpellier - Telephone: +33/(0)9 84 35 31 41 – contact@maison-roux.fr.

Preamble :

These general conditions of sale govern sales on the website of SARL MACARON DE PROVENCE, maison-roux.fr. These conditions apply to the exclusion of all other conditions, in particular those in force for sales in stores. These general conditions of sale are concluded between SARL MACARON DE PROVENCE and any non-trading natural person wishing to make a purchase on the maison-roux.fr site (hereinafter referred to as “the parties”).

The parties agree that these General Conditions exclusively govern their relationship. SARL MACARON DE PROVENCE reserves the right to modify the General Conditions of Sale from time to time. They will be applicable as soon as they are put online. The General Conditions of Sale are intended to define the terms of sale on the maison-roux.fr website between SARL MACARON DE PROVENCE and the User, from the placing of the order to after-sales services, including payment and delivery.

The macaroons are always packaged in a protective atmosphere in a sealed transparent bag which is the original packaging.

1. Catalog and prices

The products governed by these General Conditions are those which appear on the Website and which are indicated as sold and dispatched by SARL MACARON DE PROVENCE. The photographs of the products are not contractual.

The offers on the site are valid during their online presence. Offers are valid for purchases made exclusively online.

The prices of the products are indicated in Euros all taxes included. They are exclusive of processing and delivery costs. The amount of the delivery costs will be specified on the order form before validation of the order.

2. Order management

To place an order, the User must identify himself with his code (email address) and his password. For any first order, the User must follow an account creation procedure indicated on the Website.

In the event of loss or forgetting of the password, the User may request it again directly on the site. He will then receive his password on the email address he provided when registering.

Before proceeding to the payment of his order, the customer declares to accept the entirety of these General Conditions of Sale to individuals fully and without reservation.

Payment is made to Caisse d'Epargne through its secure online payment system "Systempay.fr".

Any order implies acceptance of the prices and descriptions of the products available for sale. SARL MACARON DE PROVENCE will acknowledge receipt of the order as soon as it is validated by sending an e-mail.

The order is deemed firm once its amount has been credited to the bank account of SARL MACARON DE PROVENCE. Once the orders are deemed firm, they are normally prepared and shipped within 72 hours. However, during periods of high activity (from October 1 ^to December 31), deadlines cannot be guaranteed.

In certain cases, in particular non-payment, incorrect address or other problem on the User account, SARL MACARON DE PROVENCE reserves the right to block the User's order until the problem is resolved. For any question relating to the follow-up of an order, the User must consult his customer account on the Website or call +33/(0)9 84 35 31 41 from Monday to Friday from 11:30 a.m. to 6:30 p.m.

3. Product availability

In the event of unavailability of a product after placing the order, SARL MACARON DE PROVENCE will inform the Buyer by email or telephone within 3 days - 72 hours (working days).

The Buyer may then request the cancellation of his order or the exchange of the missing product(s). In the event of cancellation, the Buyer will be reimbursed within a maximum period of thirty (30) days from the receipt of his request for reimbursement.

4. Dispatch

The packages are prepared and packaged by SARL MACARON DE PROVENCE in closed, resistant packaging so that the contents do not suffer shocks during transport.

The parcels are wrapped in opaque black film wrapped in tape printed “MAISON ROUX”. Only parcels packed according to these characteristics are deemed to comply with the order sent by Maison Roux. The parcels sent are systematically accompanied by the duplicate of the invoice which serves as a delivery slip.

Deliveries are made within a usual period of 48 to 72 hours on D+1 of the day of departure from our premises. Any complaint for non-conformity or product missing on delivery must imperatively be sent to our Company by e-mail or by post, with a copy of the reservations made to the carrier, within 48 hours of signing the delivery note.

In the event of late shipment of the products, the customer will have the option of canceling his order or accepting a new deadline, without being able to demand a price reduction or damages. Deliveries carriage paid are made by carriers exclusively mandated by SARL MACARON DE PROVENCE. They are an optional service provided to the company's customers. In the event of a delay linked to events relating to the delivery of the goods (carrier delays), SARL MACARON DE PROVENCE cannot be held responsible. In the event of force majeure independent of the company, such as social conflicts or problems related to routing, disrupting the supply of our workshop with raw materials, SARL MACARON DE PROVENCE could not be held responsible for delays in delivery and would not accept any compensatory financial penalties. In all cases the customer must check the condition of the goods upon receipt by opening the packaging. Without reservations, refusal of acceptance of delivery, the delivery will be deemed to be compliant and the products in good condition, no compensation will be possible thereafter.

SARL MACARON DE PROVENCE undertakes, after confirmation of payment, to process and deliver the said order to the notified destination.

Parcels are sent by Colissimo. The customer can track the delivery of his parcel on the La Poste website www.laposte.fr by means of the dispatch number which will have been provided to him upon confirmation of the dispatch of his order. In the event of the recipient's absence, a delivery notice will be left in his letterbox mentioning the address where to collect the package. SARL MACARON DE PROVENCE can in no way be held responsible for any deterioration of the products due to their late collection from the post office.

5. Satisfied or refunded.

The Buyer has a legal period of fourteen (14) clear days from receipt of the Products to exercise his right of withdrawal. In this case, SARL MACARON DE PROVENCE undertakes to exchange the Products or, if the Buyer wishes, to reimburse the price of the Product as well as the shipping costs within thirty (30) days of receipt of such a request. Return costs remain the responsibility of the Buyer. The right of withdrawal can only be exercised for complete products, in their original condition and unopened packaging with the provision of a copy of the purchase invoice. Products returned incomplete, damaged, soiled, damaged or outside their original packaging will not be taken back. After this period of fourteen (14) days, no product can be returned for exchange or refund.

Address for returns: MAISON ROUX - Sarl MACARON DE PROVENCE, 9, rue du cheval vert 34000 Montpellier. To process your requests, we kindly ask you to specify your surname and first name, address, date, order number as well as an explanatory letter of your request. We will not be able to take into account any incomplete request.

6. Shipping costs.

• Metropolitan France (excluding Corsica): €9.90 including tax. Free shipping from 70€ ttc of purchase.
• DOM-TOM, Corsica and Europe: €20 including tax. Free shipping from 100€ ttc of purchase.
• Rest of the world: €30 including tax. Free shipping from 120€ incl. tax of purchase.

7. Complaints

• Non-compliant deliveries

For any delivery whose products are not filmed according to the characteristics defined above. (Opaque black film and “Maison Roux” tape), or if the packages are damaged, SARL MACARON DE PROVENCE recommends that the customer refuse delivery. If the customer accepts said delivery, SARL MACARON DE PROVENCE cannot be held liable for any reason whatsoever. The customer must examine the package in the presence of the delivery person and note any reservations on the delivery slip, of which he must keep a copy.

• Mold observed on products in the original packaging

In the event of the appearance of mold on macaroons in an unopened bag (still sealed) whose use-by date is in progress, SARL Macaron de Provence will bear the cost of replacing the bag on the condition that the bag is still sealed. The customer must send a photo of the sachet, mentioning the perfume, the batch number and the BBD by email to contact@maison-roux.fr . For the complaint to be valid, the email must be sent by the customer at least 60 days before the BBD indicated on the bag.

• Mold observed on the macaroons outside the original packaging.

SARL MACARON DE PROVENCE cannot be held liable, for whatever reason, when the macaroons are no longer in their original packaging.

We cannot under any circumstances be held responsible for any damage that may occur to the products if the package has been opened during its transport, nor in the event of the recipient's absence when the package is dropped off. In the event of a problem during delivery, you must notify this difficulty to the Post Office by registered letter AR within forty-eight (48) hours of delivery of the package. The complaint letter must describe in particular the state in which the product and its packaging were delivered to you (it is advisable to take photos of the damaged package). Examine the package in the presence of the delivery person and note any reservations on the delivery slip, of which you must keep a copy.

8. Article 9: Security and confidentiality.

Credit card payments on our maison-roux.fr website are managed by the Caisse d'Epargne secure payment system. Entering your bank details is secure. The information you enter (card number and expiration date) will be encrypted and will not circulate unencrypted on the Internet. All sensitive data related to means of payment are thus protected.

9. Law “Informatique et Liberté”

In accordance with article 34 of the law of January 6, 1978, the customer has, on simple request, a right of access, modification or rectification of the data which concern him.

      10. Jurisdiction:

For all disputes relating to the execution of the contract (subject to French law alone) between the parties”, a commercial court located on French territory will have sole jurisdiction.

General conditions of sale to professional customers

Preamble:

SARL MACARON DE PROVENCE is registered with the RCS of Montpellier Siren 750 675 258. Intracom VAT: FR 66 750675258 - Head office: 9, rue du cheval vert - 34000 Montpellier These general conditions of sale (GTC) govern sales

to professionals whose orders are placed with SARL MACARON DE PROVENCE. These GCS apply to the exclusion of all other conditions, in particular those in force for individuals.

These GCS apply to all goods invoiced by SARL MACARON DE PROVENCE without exception. The completion of an order is subject to the creation of a professional customer account. The creation of an account entails the acceptance of the conditions of sale of SARL Macaron de Provence available on the site maison-roux.fr. The original of the product catalogue, prices and current GTCs are available on the maison-roux.fr website and on simple request by email to: contact@maison-roux.fr

These GTCs are concluded between SARL MACARON DE PROVENCE and any legal entity wishing to resell the products manufactured and sold by SARL Macaron de Provence (hereinafter referred to as "the parties")

The parties agree that these T&Cs exclusively govern their relationship. SARL MACARON DE PROVENCE reserves the right to modify the T&Cs from time to time. They will be applicable as soon as they are put online. The T&Cs are intended to define the terms of sale between SARL MACARON DE PROVENCE and the User, from placing the order to after-sales services, including payment and delivery.

The parcels are prepared and packaged by SARL Macaron de Provence in closed, resistant packaging so that the contents do not suffer shocks during transport. SARL Macaron de Provence undertakes, after confirmation of payment, to process and deliver the said order to the notified destination, according to the procedure and transport determined by the parties. Orders received are prepared and shipped according to the provisions indicated below. However, during periods of high activity (from October 1 to December 31), deadlines cannot necessarily be guaranteed. The macaroons are always packaged in a protective atmosphere in a sealed transparent bag which is the original packaging.

1. Professional Rates

Our professional rates are available on request from SARL Macaron de Provence. They are expressed in euros excluding taxes (HT). Certain products and promotions are exclusively available on the “maison-roux.fr” website. Departure place of removal: SARL Macaron de Provence, 9, rue du cheval vert 34000 Montpellier. The collection dates and times are set by SARL MACARON DE PROVENCE. In the event of a delay on the scheduled loading schedule by a carrier, no penalty invoice for any reason whatsoever may be accepted. The price is communicated for a specific period of application and is based on an economic variable (the price of raw materials in force at the time the price is communicated) which may lead to price changes. In case of major causes, such as bad weather or problems related to harvests having an impact of +/- 15% on the prices of raw materials, or on the quantities available on the markets, SARL MACARON DE PROVENCE reserves the right to revise its price and will notify the its customers beforehand, respecting an application period of 10 calendar days. Customers will be notified by e-mail to the address indicated in their customer file.

2. Order management

Orders are entered by the customer on the account he has previously created on the maison-roux.fr website. If necessary, orders can be sent to SARL Macaron de Provence by email. Orders entered by customers on the “maison-roux.fr” website are processed as a priority. Orders from new customers and outside the catalog of current professional prices are subject to a deposit which must be paid for them to be confirmed. For orders of less than 100kg whose products are available in stock, they are normally dispatched within 48 hours after issuance of the invoice. When the products are not available in stock, the shipping time depends on the production schedule. For orders over 100kg, please contact us

3. Delivery & Receipt of Products.

Deliveries are made within a usual period of 48 to 72 hours after leaving our premises. Any complaint for non-conformity or product missing on delivery must imperatively be sent to our Company by e-mail or by post, with a copy of the reservations made to the carrier, within 48 hours of signing the delivery note.

In the event of late shipment of the products, the customer will have the option of canceling his order or accepting a new deadline, without being able to demand a price reduction or damages. Deliveries carriage paid are made by carriers exclusively mandated by SARL MACARON DE PROVENCE. They are an optional service provided to the company's customers. SARL MACARON DE PROVENCE makes every effort to respect the delivery appointment times defined by the customers, however, in the event of a delay linked to events relating to the delivery of the goods (carrier delays), SARL MACARON DE PROVENCE cannot be held responsible. In the event of force majeure independent of the company, such as labor disputes or problems related to delivery, disrupting the supply of our workshop with raw materials, SARL MACARON DE PROVENCE cannot be held responsible for delays in delivery and will not accept any compensatory financial penalties. In all cases the customer must check the condition of the goods upon receipt by opening the packaging. Without reservations, refusal of acceptance of delivery, the delivery will be deemed to be compliant and the products in good condition, no compensation will be possible thereafter.

The products are filmed with an opaque black film circled with tape printed "MAISON ROUX". Only parcels and pallets packed according to these characteristics are deemed to comply with the order sent by Maison Roux. Packages and pallets shipped are systematically accompanied by a duplicate of the invoice, which serves as a delivery slip.

4. Free of port and shipping costs

Dry products

The shipping costs are 20€. We apply free shipping from 270€ of order invoiced for shipment in Metropolitan France.

Ice cream and frozen products

Shipping costs are 60€ for orders under 200€ and 40€ for orders between 200€ and 550€. We apply a free carriage from 270€ of order invoiced for shipment 150kms around Montpellier and 550€ of orders invoiced for shipments in Metropolitan France more than 150kms from Montpellier.

For deliveries to Corsica, the DOM/TOM and for export, we carry out postage paid on request. An estimate is made according to the order concerned. The amount of the shipping costs is added to that of the order to make the invoice. The order will be deemed firm after and only after acceptance of the price of the port by the customer. The same applies to export charges for deliveries abroad.

5. Billing.

The invoice is drawn up in accordance with the tariff in force. It is edited and dated the day of the order. It is automatically sent by email to the address indicated on the customer file. It acts as an order confirmation. The price reductions and promotions applied are those in force on the date of issue of the invoice. These are obtained by applying a promotional discount on the price excluding tax in force.

6. Rules:

We accept the following payment methods: Bank checks, CB/VISA/Master Card, Direct debit; LCR, Transfer to the bank account of SARL Macaron de Provence. Sales invoices are payable in cash, unless otherwise stipulated. A customer cannot have more than one invoice pending payment at a time. In the case of payment by bank check, the order is dispatched 15 working days after cashing the check. Whatever the mode of payment of the customer, it can in no case be accompanied by a cost of execution at the expense of SARL Macaron de Provence. Payment terms run from the date of invoicing of the goods.

7. Complaints

Non-compliant deliveries

For any delivery whose products are not filmed according to the characteristics defined above (opaque black film and “Maison Roux” tape), or if the packages are damaged, SARL Macaron de Provence recommends that the customer refuse delivery. If the customer accepts said delivery, SARL Macaron de Provence cannot be held liable for any reason whatsoever. The customer must examine the package in the presence of the delivery person and note any reservations on the delivery slip, of which he must keep a copy.

8. Conditions for returning goods

The customer has the possibility within 14 clear days from receipt of the goods, to exchange or to be reimbursed by a credit note, an article which does not suit him, provided that the article has not not been used (unopened packaging with original seal) and that it be returned, along with its invoice or delivery note, to MAISON ROUX SARL Macaron de Provence 9, rue du cheval vert, 34000 Montpellier, in its original package. After acceptance by the supplier of the returned goods, a credit for the value of the invoice will be credited to your account. Return costs to our warehouses in Montpellier are the responsibility of the buyer. In case of exchange,

9. Retention of title.

Our goods travel at the risk and peril of the recipient. In the event of damage occurring during transport, it is the recipient's responsibility to exercise any recourse against the carriers, in accordance with articles L133-03 and L 133-04 of the Commercial Code. The place of payment is Montpellier, the acceptance of drafts does not derogate from this clause. By express agreement and unless postponement requested in time and granted by us, failure to pay for our supplies on the due date will result in (a): the immediate payment of all sums remaining due, regardless of the method of payment provided for (by draft accepted or not), and the suspension of deliveries, (b): the payment, as damages and penalty clause, of an indemnity equal to 15% of the sums due, in addition to legal interest and "possible legal costs", (c).

The transfer of ownership of the goods is suspended upon FULL PAYMENT of its price by the buyer. Nevertheless, the buyer assumes all the risks inherent in the goods as soon as they leave our warehouses. In the event of total or partial non-performance of the obligation to pay the price, the buyer has the obligation to immediately return and at his expense to the seller, upon formal notice from the latter by registered letter with AR, the goods received in execution of the sale referred to in the aforementioned notification.

In the absence of immediate performance by the buyer of this obligation to return, he may be forced to do so by an interim order, authorizing, in application of this retention of title clause, the seller to take back the goods from the stores of the purchaser or in any other place and at the sole expense of the latter. This clause is enforceable even in the context of a procedure of Judicial Settlement or Liquidation of Assets. Any protest, intervening beyond 15 clear days after its publication, of the terms or the amount of the invoice by the customer will render the dispute without effect.

10. Law “Informatique et Liberté”

In accordance with article 34 of the law of January 6, 1978, the customer has, on simple request, a right of access, modification or rectification of the data which concern him.

11. Attribution of jurisdiction:

For all disputes relating to the performance of the contract (subject to French law alone) between the parties”, a commercial court located on French territory will have sole jurisdiction.