General Terms and Conditions of Sale
1. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE (“G.T.C.S.)
Is to define the terms and conditions under which any individual or entity ("the Customer") may order or purchase the products sold online by L’Amethyste Patisserie LLP of London, England at www.amethystepat.co.uk ("the Website").
2. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
2.1. The present G.T.C.S. should be read by the Customer before making an order.
2.2. Use of this website by the Customer, i.e. filling in the order form and confirming the order, signifies full and unconditional agreement with the present G.T.C.S., which shall be the only terms and conditions applicable to the following contract.
3.1 L’Amethyste Patisserie LLP reserves the right to make changes to the Website and G.T.C.S. at any time by posting on the Website, without any other notice. Customers’ access or use of the Website after any changes been posted will constitute the agreement to the modified G.T.C.S. and all changes.
3.2 If any provision of these G.T.C.S. is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
4. CHARACTERISTICS OF THE MERCHANDISE ON OFFER
4.1. The products on offer to the Customer are those listed in the catalogue published on this Website. The offer is limited to available supplies and contingent upon proper website operation.
4.2. Each product is presented accompanied by a photograph and a description written by L’Amethyste Patisserie LLP. These descriptions, intended to provide the Customer with key product characteristics before the finalization of any order, may not be used as grounds for any liability action against L’Amethyste Patisserie LLP in any way whatsoever. The product photographs, provided for informational purposes only, are not contractually binding.
5. ORDER PLACEMENT AND CONFIRMATION
5.1. To order, the Customer undertakes to fill out the order form fully, carefully and accurately. The Customer undertakes to complete the lines required to process the order properly:
· Specify desired product(s)
· Specify invoicing address
· Specify delivery address
· Specify delivery date
· Payment details
5.2. L’Amehtyste Patisserie LLP will confirm the order and the payment by e-mail, to the e-mail address indicated by the Customer
5.3. To modify an Internet order
For any order modifications (billing or delivery address, delivery date etc.), please contact us at least two working days before the original delivery date by email : email@example.com
5.4. Our Customer Service Department can be reached by email or by telephone from Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m.
5.5. L’Amethyste Patisserie LLP reserves the right to refuse an order if the Customer fails to fulfil any one of these obligations. More generally, and for any reason whatsoever, it may refuse any order that appears abnormal or incomplete. No order is final until it has been confirmed by L’Amethyste Patisserie LLP. L’Amethyste Patisserie LLP will confirm its acceptance or non-acceptance of an order within 2 business days starting when the order was entered at the Website.
6. MEANS OF PAYMENT
6.1. Products may be purchased at the Website with Visa, Mastercard or American Express cards via a secure payment system. The credit card payment is validated immediately.
6.2. To be registered, the order must be paid in full.
Purchase orders and invoices are kept on computer of L’Amethyste Patisserie LLP, under reasonable security conditions
8. THE RIGHT TO CANCEL A CONTRACT
8.1. The consumer's right to cancel a contract within 7 days does not apply to contracts bearing on the supply of perishable food products like those sold by L’Amethyste Patisserie LLP. Therefore, the Customer is not entitled to exercise this right.
8.2. However, if and when it is possible, we will honour a change or cancellation made by the Customer if the package is still in the preparation stage and has not yet been turned over to the carrier for delivery. We determine whether this is possible on a case-by-case basis.
8.3. However, once the package has been turned over the carrier for delivery, it is not possible to honour any change or cancellation.
9. SHORTAGE OF SUPPLY
9.1. The supply of products available for online sale is limited, as they are made by artisans. The name of any product that becomes unavailable will be removed from the online sales catalogue as soon as possible.
9.2. If there is a shortage of a particular product, L’Amethyste Patisserie LLP will call or e-mail the Customer as soon as possible to offer an alternative solution:
· postpone delivery until the product is available again, if and when this is possible
· replace the product with one that is comparable in terms of quality and price
10.1. The prices listed on the purchase order are in British Sterling Pounds (GBP), inclusive of tax
10.2. We charge extra for the packing costs. The packing charge is a flat rate that depends on the season and the order.
10.3. We charge separately for delivery. The rates depend on the final destination, package weight and package volume.
11. PRODUCT DELIVERY
11.1. Currently Deliveries of Chocolates are made to destinations within the United Kingdom and deliveries of Cakes are limited to the Central London, United Kingdom, unless otherwise specifically agreed by both the Customer and L’Amethyste Patisserie LLP.
11.2. The Customer is responsible for the information relative to the recipient's name and address. This information should be precise, accurate and complete (e.g. it should include the door code and the floor) to enable delivery under normal conditions.
11.3. If a package has to be returned because there was an error in the address or it was impossible to make delivery to the address indicated, L’Amethyste Patisserie LLP cannot be held responsible in any way and no refund will be due to the Customer.
11.4. If a delivery is made outside the specified time frame, this does not entitle the Customer to any compensation.
11.5. Finally, once the product has been turned over to the carrier and is under its responsibility, if it is not delivered for any other cause relative to Customs, labor strikes or damage or any other cause of force majeure as defined by the English courts, the sale will be null and void, and the Customer may obtain a refund for the order amount. The Customer is not eligible for any indemnity or compensation of any sort.
12. COMPLAINTS AND REFUNDS
12.1. The Customer must verify that the contents of the package delivered correspond to his order. We will only process complaints received by us within 48 hours of delivery, given the perishable nature of the products
12.2. Complaints should be sent to:
· E-mail address: firstname.lastname@example.org
12.3. Any refund or credit, if due, will be made within 21 days. The Customer will be notified by e-mail.
13. PRODUCT GUARANTEE
13.1. L’Amethyste Patisserie LLP guarantees that its products are produced and packed following strict quality control rules and stored in compliance with current British standards.
13.2. However, L’Amethyste Patisserie LLP cannot warrant the quality of its products if the Customer does not ensure optimal storage conditions or consumes products past the "use by" date indicated on the package.
14. INTELLECTUAL PROPERTY / COPYRIGHT INFORMATION
14.1. All of the elements used on the Website (photographs, illustrations, pictograms, descriptions, logo, trademark) are and remain the exclusive intellectual property of L’Amethyste Patisserie LLP.
14.2. None of the elements used for the Website (e.g. software applications, visual components or audio material) may be reproduced, broadcast, exploited, circulated or used in any way whatsoever, either in part or in full, without express prior authorization from L’Amethyste Patisserie LLP, which holds all of the copyrights.
15. PROTECTION OF PERSONAL INFORMATION
15.1. When a Customer makes an order on the Website, this signifies that he agrees to allow L’Amethyste Patisserie LLP to use his/her personal information. This information is required to process orders properly.
15.2 All of this information is processed with care and treated in strictest confidence.
16. FORCE MAJEURE
17.1. Neither L’Amethyste Patisserie LLP nor the Customer may be held liable for any failure or delay in the performance of any of the contractual obligations set forth in the present G.T.C.S. if said failure or delay is due to a case of force majeure.
17.2. Here, force majeure is taken to mean any external, unforeseeable and irresistible event. The following are expressly considered to be cases of force majeur in addition to those generally held to be such under English Legal System and by the courts of England: Full-scale or partial strikes, lockouts, riots, civil unrest, insurrection, war, severe or unusual weather conditions, epidemics, the interruption of transport or supply for any reason, earthquakes, fires, storms, flooding, water damage, governmental or legal restrictions, legislative or regulatory changes in the business environment computer failures, the interruption of telecommunications including the operation of telecom networks, any change in the basic mathematical principles governing the theory of cryptographic algorithms, used for public key infrastructure and any other case beyond the control of the Parties preventing normal performance of the contract.
17. Governing Law
These Terms and conditions are governed by and shall be constructed in accordance with the Laws of England and under the jurisdiction of the English Courts.