CAKE MASTER SARL offers on its website www.cakemaster.fr boxes containing kitchen or similar products (hereinafter “Box Cake Master”) sent to people who have placed orders (hereinafter the “Customer(s)”).
By validating and confirming his purchase, the Customer declares to accept without reservation the terms and all of these general conditions of sale (hereinafter the "General Conditions of Sale").
The purpose of these General Conditions of Sale of CAKE MASTER SARL is to define the rights and obligations of the parties in connection with the purchase of one or more Box Cake Master from Customers of the website www.cakemaster.fr
They apply, without restriction or reservation, to all sales of products offered by CAKE MASTER SARL on its website www.cakemaster.fr (hereinafter the “Site” or “the Website”).
Any order placed on the Site www.cakemaster.fr entails the acceptance of these General Conditions of Sale, which the Customer acknowledges having read, understood and accepted in full knowledge of the facts.
These General Conditions of Sale are only available in French, this version being the only valid one. The Customer has the option of saving and printing them.
CAKE MASTER SARL reserves the right to modify these General Conditions of Sale at any time, without notice, it being understood that such modifications will not apply to orders previously placed by the Customer.
1 - COMPANY DETAILS
The Website www.cakemaster.fr is published by the limited liability company CAKE MASTER SARL with a share capital of 5000 euros whose registered office is at 21 rue des Vignes 95360 Montmagny registered in the Trade and Companies Register of Pontoise under the number 890 770 290.
Customer service can be reached by mail at the address indicated in the Legal Notice, by e-mail at the following address: email@example.com
2 - LEGAL CAPACITY
Customers declare that they are of legal age and fully capable of contracting.
3 - GEOGRAPHICAL AREA
Shipping of the Box Cake Master is only offered in France.
4 - AVAILABILITY OF SERVICES
The Site is in principle accessible 24 hours a day, 7 days a week, and all year round, except in the event of interruption, voluntary or not, regardless of the cause. This may include maintenance. Being in fact subject to an obligation of means, the company CAKE MASTER SARL cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
5 - PURPOSE OF THE SALE
This service provides for the sale to its customers of a box containing kitchen or similar products, with the aim of making a pastry using a recipe card and a video tutorial.
The Contract provided for in these General Conditions provides for the provision of a new pastry box per calendar month, i.e. a pastry box for the month of November, a pastry box for the month of December , etc. Boxes from previous months are on sale within the limit of available stock, i.e. in December, the Customer can buy the November box if it is still available and so on. It is expressly agreed that CAKE MASTER SARL reserves the right to suspend the proposal for a new pastry box for one month. In this case, the Customer may still purchase boxes from previous months, subject to availability.
The pastry box delivery service is reserved for the customer's strictly personal use. The products sent by CAKE MASTER SARL may under no circumstances be resold by the Customer or used for commercial purposes.
When taking an order, the Customer will be required to complete a questionnaire. The Customer must take care to verify the accuracy and conformity of the information provided to Cake Master (personal data, delivery method, place of delivery and/or invoicing of the products, etc.). In the event of an error in entering the delivery address, the company cannot then be held responsible for the incorrect delivery of the pastry box. The latter cannot be held responsible for the consequences of any input errors.
Once the content of the Order has been confirmed, and after having unreservedly accepted all of these GCS, the Customer will validate his order by payment. In accordance with the regulations in force, the Customer's bank details are not kept by CAKE MASTER SARL.
6 - ORDER
By validating his order, and after having checked the content of the order and, if necessary, having modified it, the Customer declares to fully and unreservedly accept all of these General Conditions of Sale. After having confirmed the content of his order, the Customer will definitively validate it by payment. The order will only be final upon payment of the corresponding price.
The pastry box will be shipped no more than 5 days after the payment date. For example, an order placed on November 10 will result in the shipment of the pastry box between November 10 and 15. The delivery time will then depend on the delivery method chosen by the Customer.
In any case, the sale of boxes may be temporarily or permanently interrupted by CAKE MASTER SARL. The company CAKE MASTER SARL cannot be held responsible for the damage suffered by the Customer. It is expressly agreed that CAKE MASTER SARL reserves the right to suspend the service of sending pastry boxes for one or more months. CAKE MASTER SARL cannot be held responsible for the damage suffered by the Customer.
7 - PRICES FOR SERVICES AND PRODUCTS
The Customer can buy Products or boxes from previous months directly on the Site
The Customer can decide to buy the next 3, 6 or 12 by means of a gift card in order to offer it to the person of his choice. He then selects the method of delivery of the gift card (by email or by post) and fills in the information relating to the beneficiary of the card (email address, first name, last name in particular) before validating his Order. The article relating to personal data applies. The Customer who buys a gift card acknowledges that he will have to pay for his Order in one go.
It is up to the recipient of the gift card to activate it by connecting to the Site and creating a Personal Account, under the terms and conditions provided herein.
8 - PRICE OF SERVICES AND PAYMENT
The price of the Services appearing on the Site is indicated in euros, all taxes included.
The applicable price is that in effect when the Customer places the Order. The price and terms of payment may be modified at any time by Cake Master, which the Customer acknowledges and accepts.
This price includes all taxes and includes the shipping costs for a withdrawal from 2 of our premises, one in Montmagny and one in Bobigny (the shipping costs for delivery to a relay point or at home are indicated separately and added to the amount of subscriptions and gift cards). The total price of the Order is that indicated during the validation by the Customer of his Order.
Payment for the Services by the Customer is made by means of a bank card via the secure platform of the payment provider Stripe or via PayPal, which the Customer expressly acknowledges and accepts. The Customer guarantees to CAKE MASTER SARL that he is fully authorized to use the bank card for the payment of his Order. CAKE MASTER SARL cannot be held responsible for any fraudulent use of the bank card used for payment of the Services by the Customer.
The terms of payment are specific to the platform of the payment provider Stripe as well as that of PayPal, and are independent of CAKE MASTER SARL, which does not intervene in any way in the use of said service. All the terms and conditions related to payment via the STRIPE payment solution and the PayPal payment solution are governed by the General Conditions of Use of these accessible services, which apply concomitantly to these T&Cs. CAKE MASTER SARL does not keep any bank details of the Customer, subject to the provisions below. CAKE MASTER SARL cannot be held responsible for any malfunction occurring on the Stripe payment platform and on the PayPal payment platform.
As part of the services offered by Stripe and Paypal, CAKE MASTER SARL is considered responsible for processing the personal data collected within the framework of these presents. Stripe and Paypal act as subcontractors, in accordance with the applicable legal and regulatory provisions. By accepting these, the Customer also agrees to be bound by the Stripe and Paypal General Terms and Conditions of Use. These may be subject to change by Stripe and Paypal only. Indeed, it is specified that under no circumstances Cake Master can modify the General Conditions of Use of Stripe and Paypal, which are exclusively service providers, over which it has no control.
The Customer accepts that CAKE MASTER SARL reserves the right to suspend or cancel the provision of the Services ordered by the Customer in the event of non-payment or a payment incident of which Cake Master is informed.
Also, the delivery of any new Order may be suspended in the event of a delay or payment incident for a previous Order.
9 - DELIVERY OF BOXES ORDERED
The Services ordered on the Site are delivered exclusively in France.
The Customer who has ordered a Box Cake Master and whose address is no longer the one indicated when placing the Order for the box undertakes to inform the company CAKE MASTER SARL of his change of address without delay and at most late 2 days after ordering. Information can be provided by email to firstname.lastname@example.org or via the contact form in the “Contact” section.
Failing this, the Customer acknowledges and accepts that the box or boxes ordered will be sent to the Customer's last address available to CAKE MASTER SARL at the time of sending said box or boxes. Cake Master cannot be held responsible in the event of a defect or difficulty in delivering the box(es) to the Customer.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer (free collection, delivery to a relay point, home delivery).
In any case, CAKE MASTER SARL undertakes to deliver the Boxes within a maximum period of 20 days (twenty days from the Order validation email sent to the Customer by CAKE MASTER SARL. In this case, the box are shipped on the dates indicated at the time of the Order.
Delivery times exclude Sundays and public holidays.
However, the Customer acknowledges that CAKE MASTER SARL uses external service providers (carriers, postal services, etc.) in charge of the delivery of packages containing the Products and Boxes.
Therefore, the delivery times indicated on the Site may be affected by the service providers without CAKE MASTER SARL being responsible for these delays in delivery and the consequences that could result therefrom.
In the event of non-delivery on the date or within the time provided or, failing this, no later than 20 (twenty) days from the Order validation email, subject to the provisions of Article 6 above , the Customer can contact CAKE MASTER SARL, in writing at email@example.com or via the contact form in the “Contact” section, to make the delivery within a reasonable additional time.
10 - ONLINE STORE - SHIPPING OF ORDERS
CAKE MASTER SARL undertakes to ship the order within 48 hours subject to product availability. In case of choice of a routing solution in relay point, the non-removal of the parcel by the customer after the retention period of 10 days will result in its return to the company CAKE MASTER SARL, the costs of sending and returning the packages will be the responsibility of the customer. In the absence of any indication or agreement as to the delivery date, the professional shall deliver the goods without undue delay and at the latest twenty days after the conclusion of the contract.
The products are delivered to the address indicated by the customer when ordering and only in the geographical areas served by CAKE MASTER SARL. In the event of delivery to a relay point, the address will be that of the relay point chosen by the customer. In the exceptional case of unavailability of the relay point selected by the customer, the carrier reserves the right to deliver to the relay point closest to the initial point.
CAKE MASTER SARL declines all responsibility for damage to the products after their delivery to the customer, or to any person charged by the latter with receiving the order.
All products leave the premises of CAKE MASTER SARL in perfect condition.
In a sustainable development approach, the packaging used to ship orders can be recycled packaging.
11 - ONLINE SHOP - RECEIPT OF ORDERS
The customer must inform the seller of any shocks (holes, traces of crushing, etc.) on the package and, if necessary, refuse the package only in the event that the product is damaged and/or altered. A new identical product will then be returned free of charge to the customer who has complied with the procedure described in point 12 below.
The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been issued upon receipt of the package, cannot be supported.
In case of delay or loss of the package, an investigation will be opened with the carrier.
In any case, the records of the carrier (or any other person responsible for delivering the order) will prevail and, in the event of any discrepancy with the declarations and documents produced by the customer, will prevail. In the event that a customer persists in maintaining that they have not received their order at the address indicated during the validation of the latter on the Site www.cakemaster.fr , their complaint may possibly be taken into account, under the sovereign appreciation of CAKE MASTER SARL, on the express condition of being accompanied:
- a sworn statement written and signed by the client concerned,
- accompanied by a copy of both sides of his identity card.
CAKE MASTER SARL declines all liability arising from the non-performance or poor performance of its obligations, when this is attributable to the customer or results either from an unforeseeable and insurmountable fact of a third party, or from a case of force majeure.
The customer undertakes to receive the order, either in person or through another person to whom the latter has given written authorization, and to facilitate the carrier's mission, in particular by indicating - when validating the the online order - all the data useful for the proper delivery of the order to his home (in particular, by transmitting, on this occasion, any access codes, additional addresses and others). Any delay in delivery that would be due to a breach by the customer in its contractual obligations, in particular those mentioned above, cannot give rise to any compensation.
12 - ONLINE SHOP - NON-COMPLIANT PRODUCT
Any non-conformity of a product (damaged package, broken products, product different from that ordered, etc.) will preferably be indicated on the delivery slip presented by the carrier in the form of a "handwritten reserve" accompanied by the customer's signature. .
The customer must inform CAKE MASTER SARL of this non-compliance as soon as possible by e-mail accompanied by one or more photographs (sufficiently explicit to support the complaint), and sent to the following address: firstname.lastname@example.org;
Any complaint relating to a product, whatever its nature, must imperatively be detailed and clearly indicate the reasons for the dissatisfaction. In addition, products deemed non-compliant must be stored in a suitable place (and cool, if necessary, in the case of products requiring cold storage), in order to allow Cake Master, if necessary, to come find the existence of the alleged non-compliance.
The complaint will not be processed until the customer has satisfied the said terms and conditions, in compliance with the contractual and legal deadlines. The customer who files a complaint may withdraw it at any time, as long as the products have not been returned and/or recovered to/by Cake Master or any person authorized by it. Any withdrawal of a claim is final and makes it impossible to file a new claim for the same product.
If the merits of the complaint are recognized, the customer will be offered:
- either, to obtain full reimbursement of the price actually paid for the undelivered and/or non-compliant order;
- or to benefit from a credit note corresponding to the amount(s) of the unavailable product(s) and valid for any new order for a period of twelve (12) months.
The aforementioned proposal is liberating and the customer acknowledges that it is worth full compensation for any damages.
When CAKE MASTER SARL is not the manufacturer of the Products, the Parties acknowledge that CAKE MASTER SARL acts as a distributor. Thus, CAKE MASTER SARL cannot be responsible for the conformity of the products beyond what the applicable laws and regulations provide. In doing so, only the suppliers of the products are required to ensure the conformity of the products, subject to the mandatory legal provisions.
Notwithstanding the foregoing, upon receipt of a complaint from a Customer, CAKE MASTER SARL undertakes to make its best efforts to report the information to the supplier of the disputed product and take the necessary measures (termination of its partnership with the Supplier, claim for compensation, etc.).
Therefore, the supplier of the disputed product will be solely responsible in the event of damage suffered by the Customer due to the use of the products. However, when CAKE MASTER SARL acts as a manufacturer of the products, it undertakes to comply with all the laws and regulations applicable to the products.
In the event of an abusive complaint, CAKE MASTER SARL reserves the right to refuse any subsequent order.
13 - ONLINE SHOP - NO DELIVERY
In the event of non-delivery, the customer must contact CAKE MASTER SARL by email, from the scheduled delivery date. The complaint will not be processed until the customer has satisfied the said terms and conditions, in compliance with the contractual and legal deadlines.
If the merits of the complaint are recognized, the Customer will be offered, at no additional cost to him:
- or, the reshipment of another copy of the product(s) ordered and not received;
- either, to obtain full reimbursement of the price actually paid for the order not received;
- or to benefit from a credit note corresponding to the amount(s) of the product(s) not received and valid for any new order for a period of twelve (12) months.
14 - ONLINE SHOP - DELIVERY ERROR
A delivery error corresponds to the delivery of a product other than that ordered by the Customer on the Website. Any product delivered by mistake (or absent) will give rise to an exchange or a refund, at the customer's choice, on the condition of being returned to Cake Master, as a whole and in perfect condition in its original packaging. following address: CAKE MASTER SARL, 21 rue des Vignes 95360 Montmagny.
The shipping costs are the responsibility of CAKE MASTER SARL, except in the event that it turns out that the product does not correspond to the original declaration made by the customer when validating the order online, on the website www.cakemaster.fr .
15 - ONLINE SHOP - RIGHT OF WITHDRAWAL
The right of withdrawal only applies to Customers, i.e. natural persons contracting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity.
In accordance with articles L.121-20 and following of the Consumer Code, the customer has a period of fourteen (14) calendar days to return, at his expense, the products that do not suit him. This period runs from the day of receipt of the customer's order. Any return may be reported in advance to the seller's customer service to be sent by email or post. The product must be returned to CAKE MASTER SARL at 21 rue des Vignes 95360 Montmagny.
As an exception and in accordance with the provisions of article L.121-20-2 3° of the same code, any right of withdrawal is excluded for products which, by their nature, are likely to deteriorate or expire rapidly.
Given the perishable nature of the Products, the Customer's right of withdrawal will purely and simply disappear once the said Products have been unsealed.
Only products returned as a whole in their original packaging, complete, intact and in perfect condition for resale, will be taken back. Any product that has been damaged will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the customer will be reimbursed by the same means of payment as that used by the customer for the initial transaction, except with the express agreement of the customer to use another means of payment and in insofar as the reimbursement does not incur any costs for the customer (article L221-24 of the Consumer Code).
In the event of exercise of the right of withdrawal, the seller will reimburse the customer, excluding delivery costs, no later than fourteen days from the date on which it is informed of the customer's decision to withdraw in accordance with article L. 121-24 of the Consumer Code.
16 - RETENTION OF OWNERSHIP
CAKE MASTER SARL retains full ownership of the products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.
17 - SIGNATURE AND PROOF
CAKE MASTER SARL works to protect the personal information of its customers by ensuring a high level of security, but the Customer also has a role to play in the protection of his personal data. In particular, the Customer must maintain the security of his online transactions, for example by not communicating his identifier (the Customer's e-mail address) and/or his password to anyone and by changing his password regularly. As such, CAKE MASTER SARL cannot be responsible for the disclosure of information concerning the Customer to any individual who has used his identifier (the Customer's e-mail address) and/or his password.
As such, the use of the identifier (Customer's e-mail address) and/or the Customer's password will constitute proof of his identity, and payment, upon validation of the Order, of the corresponding sums. CAKE MASTER SARL can in no way be held responsible for the fraudulent use of this information.
The provision of the bank card number and the final validation of the Order will be worth proof of acceptance of the said Order and will be worth payment of the sums committed by the seizure of the products appearing on the Order. The computerized registers, kept in the computer systems of CAKE MASTER SARL and its partners will be considered as proof of communications, Orders and payments made between the Parties.
18 - DEACTIVATION OF THE CUSTOMER ACCOUNT
Non-compliance by the Customer with the obligations subscribed to under these General Conditions, any incident of payment of the price of an order, acts contrary to the interests of CAKE MASTER SARL, the issuance of false information when creating the account, may result in the suspension of access to the Cake Master service, or even the termination of his account depending on the degree of seriousness of the actions in question, without it being possible to claim damages/interest or compensation whatsoever from CAKE MASTER SARL. CAKE MASTER SARL reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the latter uses a new account.
19 - CUSTOMER SERVICE
For any information or questions, the FAQ is available on the Site www.cakemaster.fr .
For any specific question, customer service can be reached by email at email@example.com or via the contact form in the “Contact” section.
20 - LIABILITY
CAKE MASTER SARL offers a box sale and communication service around kitchen and related products.
However, CAKE MASTER SARL is not the designer, the manufacturer, the prescriber of all the products distributed in the Boxes. Therefore CAKE MASTER SARL can in no way be held responsible for bodily injury and/or immaterial and/or material damage that may result from the use of partner products present in the pastry box which are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Customer.
CAKE MASTER SARL cannot be held liable with regard to partner products sold on its Website, particularly in the event of non-compliance with their instructions for use. CAKE MASTER SARL cannot be held liable for any damage caused to the Customer or to a third party resulting from this non-compliant use.
The responsibility of CAKE MASTER SARL under the obligations of these General Conditions of Sale cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Customer. , or the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, epidemics, social unrest, strikes of all kinds. CAKE MASTER SARL will inform the customer of such fortuitous event or force majeure within seven (7) days of its occurrence. These cases of force majeure suspend the obligations of Cake Master, cited in these T&Cs, for the entire duration of their existence.
The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability , the reliability or completeness of the information, products, accessories or services appearing on the CAKE MASTER SARL Website or their suitability for the use that the Customer plans to make of them. CAKE MASTER SARL cannot be held liable with regard to the items sold on its Website, in particular in the event of non-compliance with their instructions for use. CAKE MASTER SARL cannot be held liable for any damage caused to the Customer or to a third party resulting from this non-compliant use.
CAKE MASTER SARL declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during the use of the website. In the event that the responsibility of CAKE MASTER SARL should be established and retained for damage suffered by the Customer and attributable exclusively to the placing of an order, this is limited to the amount of the Order paid by the customer to CAKE MASTER SARL. Any claim filed by a user, including any Customer, against CAKE MASTER SARL must be made within one month of the occurrence of the event, subject of the claim.
21 - IT AND FREEDOMS
The information and data collected by CAKE MASTER SARL during the Customer's Order are necessary for order management and commercial relations. The database created no longer needs to be declared, in accordance with the General Data Protection Regulation (GDPR) which came into force on May 25, 2018.
They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and orders for their management, execution, delivery, treatment and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow CAKE MASTER SARL to improve and personalize the services offered and the information sent. The Customer has the right to access and rectify personal data concerning him. The Customer must write to firstname.lastname@example.org, indicating his surnames, first names, e-mail address and customer reference. This right can also be exercised online, via the online form accessible from the “Contact” section on the www.cakemaster.fr website . CAKE MASTER SARL offers Visitors and Customers to receive a newsletter and offers from CAKE MASTER SARL, as well as from partner companies. Visitors and Customers may subsequently refuse to receive the newsletter and CAKE MASTER SARL or partner offers. To do this, the Visitor or Customer may at any time modify his choice by clicking on the links provided for this purpose in the promotional emails received.
CAKE MASTER SARL reserves the right to use the statistics provided through the questionnaires that Customers have completed in order to improve its service and that of partner brands.
22 - ADVERTISING ON THE WEBSITE
At any time CAKE MASTER SARL may decide to place advertising space on the Website www.cakemaster.fr. CAKE MASTER SARL enjoys total freedom when it comes to the choice of these advertisers, the types of display of advertisements but also their position on the Site.
23 - MODIFICATIONS TO THE GENERAL CONDITIONS
CAKE MASTER SARL reserves the right to modify and update the General Conditions of Sale without notice. To be informed of these possible modifications, CAKE MASTER SARL advises the Customer, and in general any user, to re-read the Terms and Conditions of the Site regularly. The Order will be subject to the T&Cs in force at the time of the Order.
24 - COMMUNICATION BETWEEN THE CUSTOMER AND CAKE MASTER
By becoming a user of the Website, the Customer acknowledges that the exchanges between him and CAKE MASTER SARL will be mainly electronic (by email) except in the specific cases presented in these General Conditions or required by law.
The Customer acknowledges the validity and probative force of the electronic exchanges and recordings kept by Cake Master and admits that these elements receive the same probative force as a writing signed by hand under Law No. 2000-230 of March 13, 2000. adapting the law of evidence to information technologies relating to the electronic signature.
25 - CONTINUITY AND TRANSFER OF RIGHTS AND OBLIGATIONS OF THE CONTRACT
Contracts between the Customer and CAKE MASTER SARL and/or its successors and assigns are binding between the parties.
Customer contracts, rights and obligations may not be assigned or transferred without prior written consent.
The contracts, rights and obligations of CAKE MASTER SARL may be assigned or transferred at any time without the prior consent of the Customer.
26 - PARTIAL NON-VALIDITY
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
27 - NON-WAIVER
The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in question.
28 - APPLICABLE LAW AND JURISDICTION
French law governs these T&Cs. The Customer acknowledges that the communications and computerized registers of CAKE MASTER SARL will be considered by the parties as proof of the exchanges, orders, payments and transactions between the parties unless proven otherwise.
Any dispute relating to the execution or interpretation of these GCS will be submitted to the competent court according to the nature of the dispute of the city of Pontoise.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consum. art. L 534-7). A list of approved mediators is available on the consumer mediation website accessible at the following address: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references
The non-professional Customer also has the possibility of filing a complaint via the online dispute resolution platform (known as the “RLL” platform) accessible by means of the link below: https://webgate.ec.europa.eu /odr/main/?event=main.home.show&lng=EN