Terms and conditions

ARTICLE 1: Application and acceptance of general conditions of sale

The present general conditions of sale (“GCS”) shall apply, without restriction or reservation, to all distance sales concluded 84 avenue d'Iéna à Paris (75116) (“LADUREE”), with any purchaser (“the Client”) who wishes to acquire products offered for sale (“the Products”) by LADUREE on its Internet and mobile websites at www.laduree.fr (“the Website”).

The present general conditions of sale shall apply to the exclusion of any other conditions, specifically those which are applicable to sales in retail outlets, or by means of any other distribution and marketing networks.

The purchase of Products on the Website for resale to any other party is expressly prohibited.

The GCS can be accessed at any time on the Website, or are available on request from the following E-mail address: contact@laduree.com. The GCS may be subject to subsequent modifications, wherein the applicable version for any purchase by the Client shall be the version in force on the Website upon the date of placement of the order. These shall take precedence over any other version, or any other contradictory document. LADUREE therefore suggests that Clients should carefully re-read the GCS currently in force whenever they place a new order.

Any confirmation of an order by the Client shall imply the full and unreserved acceptance of the present GCS, and of the particular conditions of their order (products, quantities, prices, delivery methods and times, etc.). The Client shall declare their awareness and acceptance thereof by checking the box provided for this purpose, prior to the confirmation of their order. The GCS of sale shall be enforceable vis-à-vis the Client, in accordance with the provisions of Article 1119 of the Civil Code.

ARTICLE 2: Object

The object of the present GCS is the definition of the entitlements and obligations of the Client in the context of the on-line sale of Products supplied by LADUREE via its Website. In particular, they specify terms governing the ordering, settlement, delivery and administration of any refunding of Products ordered by the Client on the Website.

ARTICLE 3: Products

Information on products

LADUREE applies particular care to the presentation of each Product on the Website. Accordingly, products are described and presented with the highest possible degree of accuracy. The description is intended to apprize the Client of the essential characteristics of Products, before an order is placed.

To this end, LADUREE will indicate the following to the Client:

- The name of Products,

- Their quantity,

- Their price,

- Payment methods accepted by LADUREE,

- Any restrictions on delivery

- Any references required by legislation in force, according to the type of Products (prepacked or non-prepacked Products), thereby familiarizing the Client with the essential characteristics thereof. LADUREE shall indicate the use-by date on the packaging of Products, or on a leaflet which is supplied with the Product, whereby it is specified that, as patisserie products obtained by Click & Collect are not prepacked, information on the use-by date will be confirmed upon the collection thereof from the retail outlet by the purchaser.

Photographs of Products are not contractual, and are intended to provide an indicative illustration of products.

Product Quality

LADUREE pays particular attention to the quality of Products available for sale on the Website. Products are stored under optimum conditions for their conservation, and are prepared and packaged in accordance with strict quality rules.

Specific Conditions relating to Macaroons

To be enjoyed at their best, LADUREE macarons should be kept in a cool place, out of the light. Macarons can be stored in a cool place for a period of 5 days following the date of preparation of the box of macarons, which date appears on the label on the back of the said box of macarons (expiry date will be marked on the reverse of boxes). Macarons for home delivery will be dispatched in special packaging for the prevention of any damage to goods during transport. LADUREE particularly alerts Clients to the following requirements:

- They should ensure that they are at home on the chosen delivery date. IMPORTANT: LADUREE cannot guarantee the freshness of macarons which are collected by the recipient more than 72 hours after their date of dispatch from the LADUREE logistics centre.

- Upon the receipt of the package, macarons should be placed in the refrigerator.

- Macarons should not be frozen.

Allergy Warning

Food Products sold on the Website contain certain allergens, which are specified for each Product under the heading “Allergens”. Nutritional information on prepacked food Products (e.g.: chocolate, delicatessen products) is also indicated on Product data sheets under the heading “Nutritional Information”. The Client can also contact the Customer Service Department for any further information, at the following address: contact@laduree.com.

Product Availability

LADUREE reserves the right to modify its product range at any time. Certain offers may have a limited term of validity, which will be indicated for each product or product range. LADUREE only undertakes to honour orders received on the Website up to the limit of available stocks. Exceptionally, a product which is indicated as available on the Website may be unavailable at the time of the definitive registration of an order. If a product is unavailable, LADUREE shall notify the Client of the cancellation of the out-of-stock product:

- by E-mail, in the event of home delivery;

- by telephone, in the event of in-store collection, or by E-mail, if the Customer Service Department is unable to contact the Client by telephone.

Reimbursement for the product concerned will be completed within (30) days.

Specific provisions for macaron assortments:

LADUREE offers the Client an option for the composition of their own macaron assortment in LADUREE boxes (at present, this option is only available for home deliveries).

If a Product selected by the Client in their order has now become unavailable, LADUREE will notify the Client to this effect, and will propose an alternative flavour of macaron from the range of macarons available to the Client. Should LADUREE be unable to contact the Client (e.g. in the absence of a response from the latter within the preparation time notified), LADUREE will duplicate a macaron flavour which has already been selected by the Client.

ARTICLE 4: The ordering process

Account Creation

To place an order, there are two options available to the Client:

- Opening of a customer account on the Website – this involves the provision of personal data. The Client shall confirm that information disclosed to LADUREE is truthful, accurate and up-to-date. The Client may update or correct their data at any time, by accessing their customer account. The Client shall assume sole responsibility for any information disclosed, and LADUREE shall not be liable for any anomalies originating from the Client, in the event that it is no longer possible to proceed with an order, or to secure a positive outcome for an order.

The Client shall choose a username and a password in order to access their account, which shall not be disclosed to any other party. LADUREE shall not be liable for any loss or damage resulting from failure to protect a username of password. If the Client forgets their password, an appropriate function on the Website will permit the Client to proceed with the retrieval thereof, using their E-mail address.

For further information on the use of your personal data, our confidentiality policy is available for consultation at the following address: https://www.laduree.fr/protection-de-donnees-personnelles.html

- Alternatively, personal data may be entered in order to receive a package (name, forename, telephone number, E-mail address and postal address) without opening a customer account. In this case, data supplied by the Client in conjunction with their purchase (name, forename, telephone number, E-mail address and postal address) may be kept by LADUREE for a term of three years with effect from the termination of commercial relations.

Registration of an Order

Terms for the registration of an order shall be as follows:

- Selection of Products by placing them in the basket;

- Selection of delivery method;

- Confirmation of contents of basket;

- Identification of Client by creating or logging into their customer account, or by the simple entry of personal data;

- Information on delivery (delivery method, charges and times);

- Information on invoicing;

- Confirmation of terms of delivery;

- Verification and confirmation of order, and acceptance of GCS by checking the box provided for this purpose;

- Notification and confirmation of payment.

At each stage in the entry of their order, and prior to the confirmation thereof, the Client will have the option for the correction or modification of their choices. Any information communicated by the Client in conjunction with an order shall engage the liability of the latter: in the event of any error or omission by the Client in the wording of their contact details, those of the recipient or the place of delivery, specifically their name, forename, address, telephone number, E-mail address, door number or storey, which results in the loss of Products, the Client shall be liable for settlement in respect of the lost Products, and no claim for compensation or reimbursement shall be upheld. Accordingly, prior to the confirmation of settlement for their order, the Client shall be responsible for verifying the accuracy of said order and of information supplied, and shall undertake any modifications required.

Confirmation of an order by the Client shall imply full acceptance of the present GCS. Once an order has been confirmed by the Client, said order shall be registered automatically. No further request for modification or cancellation shall be considered by LADUREE.

Confirmation of Order

LADUREE shall confirm receipt of their order to the Client by E-mail, using the address notified by the Client, including a summary of the following (i) Products ordered, (ii) the address, (iii) the method of delivery, (iv) the payment method, and (v) the order number.

Any order placed by the Client shall only become definitive upon the receipt by the Client of the confirmation of their order, and further to registration by their bank of the full amount of the order price, including delivery charges. The distance sale contract between the Client and LADUREE shall be constituted upon the confirmation of the order by LADUREE.

LADUREE shall reserve the right to cancel or reject any order from a Client with whom a dispute pertaining to the settlement of a previous order is pending, or who, in their opinion, constitutes any form of risk.

Modification of order

LADUREE hereby requests the Client to contact the Customer Service Department:

- For Click & Collect and courier service deliveries: by calling the store concerned directly, no later than 4:00 p.m. on the day before the collection date or the date of delivery by courier

- For home deliveries in France/Corsica or internationally: by sending an E-mail to the following address: contact@laduree.com, or the form attached at Article 9 herein: 48 hours in advance of the requested home delivery date

Beyond the above-mentioned time limits, LADUREE can no longer guarantee that it will be possible for modifications requested by the Client to be executed.

Cancellation of order

In the event of the cancellation of an order:

- Where an order is cancelled no later than 48 working hours in advance of the date of delivery or collection: a refund will be issued by the Customer Service Department.

- Where an order is cancelled no later than 24 working hours in advance of the date preceding the date of delivery or collection: no refund will be possible.

The Customer Service Department is contactable on 01 85 56 28 41 from Monday to Friday, between 9:00 a.m. and 5:00 p.m., excluding public holidays.

Proof of Order

Confirmation of an order by LADUREE, any data logged by LADUREE using the automatic recording systems of the Website or logged by its distance sales service, together with any E-mail exchange between LADUREE and the Client, shall be deemed to constitute proof of the nature, the content and the date of the transaction concerned in the event of a dispute between the Parties, and shall be retained by LADUREE for the time required in consideration of statutory rules governing prescription periods.

ARTICLE 5: Prices and terms of settlement

Price

Products shall be supplied at the tariffs in force and posted on the Website at the time of registration of the order of the Client. Prices are expressed in euros, net of tax or, where applicable, inclusive of all taxes, subject to the rate of VAT in force upon the date of registration of the order, and excluding carriage costs. Costs for processing, dispatch, carriage and delivery shall be invoiced additionally, under the conditions indicated on the Website, and calculated prior to the confirmation of the order. Any additional costs over and above the price of the Product(s) ordered shall be subject to the express consent of the Client. The final price requested of the Client shall correspond to the total value of purchase, inclusive of said costs. The total tax-inclusive price indicated in the confirmation of the order submitted by LADUREE shall be the total price of the order, inclusive of all taxes, and incorporating additional costs, including carriage costs.

Prices posted on the Website shall be subject to adjustment at any time, without prior notice, in accordance with the cost of seasonal products and economic conditions.

Any confirmation of an order shall imply acceptance of the price.

An invoice shall be generated at the time of dispatch of the order by LADUREE, and shall be accessible in the customer

account, under the following entry: “My account > My orders > Order details > View invoice”.

Agreement of proof

Validation of an order, settlement of an order and E-mail confirmation of an order shall constitute evidence of the full amount of said order, and shall entail the enforceable settlement of sums payable by the Client in favour of LADUREE under the terms of said order.

Settlement (security of transactions)

The Client hereby acknowledges that the placement of an order shall, by definition, entail a cash settlement in respect thereof at the time of ordering, by bank card or by Paypal, by the exclusive use of a secure payment system operated by the company ADYEN.

Bank cards accepted for on-line payments are as follows: Carte Bleue, Visa, MasterCard or American Express. Depending upon the card type, the Client will enter their card number, the expiry date and the security code (comprised of three or four digits, depending upon the card concerned, and marked on the reverse of the bank card), then confirm these data, or exercise an option to return to the previous page.

The request for payment will be submitted in real time on the Ingenico SA secure payment system, which will confirm that the bank card is valid (no errors in data entry and no block on the card) and confirm the registration of payment by the issue of a transaction number, or indicate that the transaction has been refused. A final stage of validation, involving the receipt by the Client of a validation code, will permit the definitive validation of settlement.

The Client hereby guarantees to LADUREE that they are in possession of the requisite permissions for the use of the payment method concerned. Billing information declared by the Client at the time of ordering shall match the details of the holder of the payment card used, in order to permit LADUREE to contact the latter directly, if necessary, specifically for the purposes of verification or the requesting of additional information. The Client shall exercise due care in the provision of information pertaining to their credit card and delivery address.

In the event of a default in settlement, an incorrect billing address or any problem which attributable to the Client with respect to the settlement of an order, LADUREE shall reserve the right to withhold confirmation of the order.

LADUREE shall also reserve the right to cancel or reject any order which is irregular or is placed in bad faith, or on any other legitimate grounds, including any order from a Client with whom a dispute is pending with regard to the settlement of a previous order.

Once settlement of an order has been completed, the latter shall become definitive, and can no longer be cancelled by the Client. An order summary will be displayed, and an order confirmation E-mail generated. On-line bank card payments shall be completed by means of the secure payment system operated by the company ADYEN. The request for payment shall be sent in real time, using the LCL secure payment system.

The bank shall confirm that the bank card is valid (no errors in data entry and no block on the card), and shall confirm the registration of settlement, or indicate that the transaction has been refused.

LADUREE shall not be liable for any fraudulent card use. In the absence of bank funds, or in the event of refusal by a bank, the order shall be cancelled automatically, and the Client shall be alerted to this effect by E-mail.

ARTICLE 6: Delivery

Conditions

The dispatch of Products shall only be executed further to the validation of the transaction by the company Ingenico SA.

Any event which is defined by the Civil Code and by case law as an instance of force majeure which is liable to delay or prevent the procurement of products ordered, or increase the cost thereof, shall constitute grounds for the suspension or cessation of obligations which shall be incumbent upon LADUREE, if the event in question exceeds a duration of fifteen (15) days, with no compensation payable in favour of the Client. LADUREE hereby undertakes to notify the Client, by any appropriate means, of the occurrence of an instance of force majeure which permits the cancellation of their order, by E-mail.

Products ordered shall be delivered in mainland France (including Corsica), and in certain European countries. Delivery shall be completed in accordance with the times indicated for each delivery method, to the address entered by the Client in the Website at the time of ordering. Delivery shall be constituted by transfer to the Client of physical possession of the Product order. Excluding exceptional circumstances, Products ordered shall be delivered once only.

You can change your order or delivery date up to 2 days before delivery.

Delivery times

Delivery times shall be notified to the Client upon the date of placement of the order.

The Client shall be offered a choice of delivery date at the time of ordering. The delivery schedule proposed to the Client shall offer the option of up to 7 working days.

Delivery times shall be notified by way of indication, and LADUREE shall undertake to use its best endeavours for the achievement of compliance therewith.

Delivery dates and times indicated shall be valid, subject to the correct and punctual delivery of goods by the suppliers of LADUREE, and by the delivery service providers appointed by LADUREE. However, LADUREE shall not, under any circumstances, be held liable for any delay in delivery which is attributable to its carriers.

Accordingly, no refund shall be conferred in favour of a Client who refuses to accept a delivery on the grounds that it has not been executed on their chosen date.

If Products ordered are not delivered within a term of thirty (30) working days with effect from the confirmation of the order, on any grounds other than force majeure, as described in Article 6 herein, or circumstances which are attributable to the Client, the sale may be cancelled at the request of the Client, under the conditions provided in Articles L. 216-2 and L. 216-3 of the Consumer Code. Sums settled by the Client shall be refunded to the latter within a maximum term of fourteen (14) days following the date of cancellation of the contract, excluding any compensation or sums withheld.

Particular terms concerning public holidays:

Public holidays shall be understood as public holidays in the location of the delivery and disptach addresses for the order.

It should be noted that any order placed on the day before a public holiday will be prepared and dispatched on the next working day, if the Client chooses the first available date proposed on the Website (for example, if the Client places an order on 24^th December, their order will not be prepared and dispatched until 26^th December). Likewise, any order placed on a public holiday will be prepared and dispatched on the working day following said public holiday.

Particular terms concerning Client contact details:

For reference, the Client shall be responsible for information supplied with regard to the name and address of the recipient. This information must be accurate, correct and complete (specifically with respect to the entrance door number and storey), in order to allow the execution of delivery under optimum conditions. Under no circumstances shall LADUREE be liable for any delivery which is returned on the grounds of an error in the delivery address, or in the event of impossibility of delivery to the address indicated. Costs associated with any change in the delivery address of the recipient will be recharged to the Client. If the recipient is absent on the date of delivery, the carrier shall leave a calling card, or shall send a text message or E-mail to the delivery address.

It should be noted that, in the event of any orders for home delivery, the Client shall be required to enter a local telephone number for the recipient (ideally, a local mobile number in the country of delivery). The carrier appointed by LADUREE will not contact any numbers in countries outside the country of delivery.

Particular terms concerning reservations notified by the Client:

The Client shall be responsible for checking the contents of the order upon the date of delivery. Any deviation in quality shall be notified to LADUREE within 24 hours of the receipt of the order, under the conditions specified in Article 7 herein. Claims concerning any damage, delay, loss or inadequate packaging shall be notified in writing within three working days of the receipt of the order, under the conditions specified in Article 7 herein.

Delivery methods

Depending upon the Products ordered, the Client may select from the following delivery methods:

- home delivery;

- delivery by courier;

- Click & Collect

1/ Home delivery

Products which are suitable for home delivery by an independent carrier are as follows: all Products on sale on the Website, subject to availability, excluding boxes of classic macarons, patisserie products.

Home deliveries are undertaken in France by the service provider Chronofresh.

In Europe, we deliver to the following countries: Germany, Luxembourg, Belgium, the Netherlands, Spain, Greece, Portugal, Austria, Denmark, Finland, Hungary, Poland, Czech Republic, Slovakia, Estonia, Bulgaria, Latvia, Lithuania, Italy, Slovenia.

Delivery charges:

- Mainland France: according to the value of the basket. Free delivery over 75€ (excepting Corsica, Europe and Chrono RDV delivery).

- Europe: according to the country of delivery

Tracking of an order shall be undertaken by the carrier. An E-mail will be sent to the Client upon the collection of the package from our warehouse, and upon delivery.

The Client shall choose a delivery date upon the finalization of their order. Delivery dates shall be proposed up to 10 working days following the date of ordering.

a) Dispatch schedules

Zones and tarifs

Required delivery date

Preparation and dispatch of order by LADUREE

Scheduled delivery

Mainland France (9.90 euros incl. taxes, 17.90 euros incl. taxes for frozen orders)

Tuesday to Saturday

(excluding public holidays)

The day before the required delivery date.

Exceptionally: Preparation and dispatch on D-2, in the event that the day before the required delivery date is a public holiday in France

- Express delivery of chilled goods (at a controlled temperature between 0 and 4°C) by ChronoFresh, for qualifying post codes.

- Express delivery of frozen goods (at a controlled temperature of -18°C) by ChronoFreeze, for qualifying post codes.

- Express delivery by Chronopost, for non-qualifying post codes (including coastal islands with no road links to the mainland)

Earliest delivery time: D+1 with effect from preparation/dispatch of order.

Delivery times between 8:00 and 6:00 p.m. (excluding exceptional circumstances and on the day following a public holiday, where delivery may be completed during the day, at no fixed time).

Corsica (31 euros incl. taxes)

- Express delivery by Chronopost

Earliest delivery time: D+1 with effect from preparation/dispatch of order, for major national towns. Up to two working days, according to difficulty of access.

Delivery may be completed during the day, at no fixed time.

Zone 1 (25 euros incl. taxes)

Germany, Belgium, Luxembourg, the Netherlands

Tuesday to Friday (excluding public holidays)

- Express delivery by Chronopost (or by the chosen national partner of Chronopost)

Earliest delivery time: D+1 with effect from preparation/dispatch of order, for major national towns. Up to three working days, according to difficulty of access.

Delivery times between 8:00 a.m. and 7:00 p.m.

Zone 2 (31 euros incl. taxes)

Italy, Spain, Portugal, Greece, Austria, Denmark, Finland

Zone 3 (58 euros incl. taxes)

Hungary, Poland, Czech Republic, Slovakia, Estonia, Bulgaria, Latvia, Lithuania

It is also important to note that, at busy times, such as holiday periods, delivery times may be extended. LADUREE suggests that, during these periods, Clients should place their orders early.

IMPORTANT: During holiday periods, the carrier appointed by LADUREE may be subject to delays in delivery – the same applies in the event of force majeure force.

For the tracking of orders, LADUREE recommends that the Client should consult the website of our carrier directly (www.chronopost.fr), using the tracking number submitted by E-mail at the time of dispatch of the package.

LADUREE shall not be liable, and shall not be required to alert the Client, in the event of any delay or absence of the provision of tracking information by the carrier.

b) Delivery address

Absence of the recipient from home/recipient not contactable:

For any delivery and dispatch, we would ask our clients to ensure that recipient are present at home upon the date of delivery.

In the absence of the recipient, or of a person who is able to take delivery of the products, the carrier will contact the recipient in order to reschedule a further attempted delivery. Under no circumstances shall LADUREE be liable for any delivery which is returned due to the impossibility of delivery to the address indicated, on the grounds of the absence of the recipient.

Moreover, if the carrier appointed by LADUREE is unable to contact the Client, the latter shall not be entitled to claim any refund of delivery costs.

In the light of the perishable nature of products supplied by LADUREE, in the event of the return of a package, LADUREE will systematically proceed with the destruction of food products, and the Client shall not be entitled to any refund or request for replacement.

Moreover, LADUREE shall not be liable for any deterioration of products resulting from the late collection thereof by the carrier appointed by LADUREE.

2/ Delivery by courier

Products which can be delivered by courier are as follows: products on sale on the Website, for which delivery by courier is activated and available, subject to the availability of products.

a) Delivery times

Delivery times by courier will vary, according to the service selected: delivery on day D within 2 hours, or delivery on a given date, within a given time slot. The Client will select their delivery slot from the available time slots which are proposed.

Delivery slots will be proposed up to ten working days after the date of the order.

b) Delivery address

The Client shall be responsible for information pertaining to the name and address of the recipient. This information shall be accurate, correct and complete (specifically with respect to the door number and storey), in order to permit the execution of delivery under normal conditions. Under no circumstances shall LADUREE be liable for any delivery which is returned on the grounds of an addressing error.

Delivery on the following cities :

- Neuilly
- Boulogne
- Clichy
- Aubervilliers
- Bagnolet
- La plaine St Denis
- Le Pré St Gervais
- Les Lilas
- Montreuil
- Pantin
- St Ouen
- St Mandé
- Vincennes
- Issy les Moulineaux
- Malakoff
- Montrouge
- Vanves
- Charenton le Pont
- Ivry sur Seine
- Le Kremlin Bicêtre – Gentilly

c) Delivery fees

Paris area : according to the postal code. Free delivery from 75€ of purchase.

For any delivery and dispatch, we would ask our clients to ensure that recipients are present at home upon the date of delivery.

In the absence of the recipient, the courier shall leave a calling card at the place of delivery, and shall send a text message or E-mail. Under no circumstances shall LADUREE be liable for any delivery which is returned in the event of impossibility of delivery to the address indicated, on the grounds of the absence of the recipient.

3/ Click & Collect

Products on sale on the Website for which this delivery method is activated and available shall be available by Click & Collect, subject to availability and the product range in the store selected.

At the time of ordering, the Client may opt to collect Products from our stores, the list of which is set out hereinafter (our “Stores”):

- Ladurée Champs-Elysées

75 avenue des Champs-Elysées, 75008 Paris

- Ladurée Bonaparte
21 rue Bonaparte, 75006 Paris

- Ladurée Royale
16 rue Royale, 75008 Paris

- Ladurée Beaugrenelle
15 Rue Linois, 75015 Paris

- Ladurée Bretagne
14 Rue de Bretagne, 75003 Paris

- Ladurée Saint-Lazare
1 Cour de Rome 75008 Paris

- Ladurée Carrousel du Louvre
99 Rue de Rivoli 75001 Paris

- Ladurée Cannes
79 Rue d'Antibes, 06400 Cannes

- Ladurée Nice Cap 3000
CAP 3000, Avenue Eugène Donadeï, 06700 Saint-Laurent-du-Var

- Ladurée Printemps
62 boulevard Haussmann

- Ladurée Gare Montparnasse
17 boulevard Vaugirard 75015 Paris

- Ladurée Gare de Lyon
Place Louis Armand 75012 Paris

- Ladurée Victor Hugo
4 place Victor Hugo 75016 Paris

- Ladurée Café Vallée Village
3 cours de la Garonne 77700 Serris

- Ladurée Café Jardin du Luxembourg
4 place Edmond Rostand 75006 Paris

- Ladurée Aéroport de Nice Terminal 1
Zone publique, Rue Costes et Bellonte 06206 Nice

This service is available during the opening hours of Stores.

Products ordered shall be available in the Store concerned within one hour of the confirmation of the order, and shall be collected no later than the time of closure of the Store on the collection date selected by the Client. Products ordered by Click & Collect which are not collected upon the date scheduled at the time or ordering, within the opening times of the store, shall be classified as lost, and shall not qualify for any refund.

In order to collect their order, the Client will be required to present their unique collection code, received by text message and/or by confirmation E-mail, at the customer service desk of their selected Store, or to present an identity document, if they are not in possession of their code.

The Client shall be required to confirm the conformity of their order at the time of collection. Once the order has been collected, no claim on the grounds of non-conformity shall be accepted.

In the event of any question concerning a Click & Collect order, and the collection thereof, the Client may elect to contact the store with whom the order has been placed directly.

ARTICLE 7: Reception

The reception of Products shall be completed upon the assumption of physical possession of Products by the Client (“Reception”). The Client shall verify the condition of Products immediately upon the Reception thereof. In the event of any missing goods, loss or damage, the Client shall notify any reservations:

- to LADUREE, if Products have been collected in-Store, using the Click & Collect service;

- to the carrier, in the case of Products supplied by home delivery or delivered by courier, wherein the nature and the extent of damage shall be indicated on the delivery note.

For any delivery and dispatch, we would ask our clients to ensure that the recipients are present at home upon the date of delivery.

The Client shall confirm in writing (by E-mail or by post) any reservations formulated by the latter to the Customer Service Department within a term of three (3) days with effect from Reception. Any claim shall be accompanied by a photograph which clearly shows the deterioration of the Product. Once this term has expired, Products delivered shall be deemed to be free of any defects.

LADUREE shall only replace, at its own expense, such products as are non-compliant, or are affected by a defect.

ARTICLE 8: Transfer of ownership and risks

The transfer of ownership of Products from the Vendor in favour of the Client shall only be completed upon the registration of the settlement of the price on the Ingenico SA system.

The transfer of risks shall be executed upon the dispatch of goods or the handover thereof to the Carrier. With effect from this date, the Client shall assume full responsibility for any damage which might be sustained or caused by Products. Accordingly, Products shall be carried at the risk and peril of the Carrier.

ARTICLE 9: Complaints and customer service

The Vendor shall use its best endeavours to ensure the optimum satisfaction of its clientele. However, the Client shall be entitled to submit any complaints to the Customer Service Department:

- by post: LADUREE – Customer Service Department – 75 Avenue des Champs-Elysées - 75008 PARIS – France

- by E-mail: contact@laduree.com

- by telephone: during the opening hours* of the Customer Service Department, on +33 1 85 56 28 41

- on line, by completing the form attached here.

*Monday to Friday, from 9:00 a.m. to 5:30 p.m.

If you are not satisfied with the response provided by our Customer Service Department, you may then contact the following mediator:

- by post: the Franchise-Consumer Mediation service (MFC), French Franchise Federation, 29 Boulevard de Courcelles, 75008 PARIS

- by telephone: 01.53.75.22.25

- by E-mail: info@franchise-fff.com

For further information on the franchise-consumer mediation system: click here.
For reasons of hygiene and food safety, LADUREE shall accept no returns and no exchange of food products, without the prior agreement of the Customer Service Department. If a return is agreed, the Product shall be returned in its original condition and packaging, accompanied by proof of purchase. Carriage costs shall be reimbursed on the basis of the tariff invoiced, and return costs in the event of a complaint (excluding the exercise of the right of withdrawal) shall be reimbursed by LADUREE upon the presentation of supporting documents.

Further to an analysis of the situation LADUREE shall, at its own discretion, determine an appropriate arrangement, whether the reimbursement of sums paid or a further delivery of Products within a term of thirty (30) days with effect from the cancellation of the order. By accepting any such replacement or reimbursement, the Client, or any other interested party, hereby consents to the waiver of any additional claim which might be lodged, specifically including the settlement of interest.

LADUREE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, EARNINGS OR INCOME RESULTING FROM, OR PERTAINING TO ANY BREACH OF THE PRESENT GENERAL CONDITIONS OF SALE OR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY.

ARTICLE 10: Right of withdrawal

The right of withdrawal shall not apply to contracts pertaining to the supply of the following Products:

(i) goods which are manufactured in accordance with customer specifications, or which are distinctly customized: this will include all orders for tiered cakes, presentation boxes of macarons, log cakes or pyramids

(ii) fresh and perishable products, including macarons, chocolates and patisserie products

(iii) goods which have been unsealed by the Client after delivery, and which cannot be returned for reasons of hygiene or health protection.

For other Products, in accordance with regulations in force, the Client shall be permitted a term of fourteen (14) days with effect from the receipt of the Product to exercise their right of withdrawal vis-à-vis the Vendor, with no obligation for the provision of grounds or the settlement of any penalty, in order to obtain an exchange or refund.

The right of withdrawal may be exercised by means of a simple letter, or using the outline withdrawal form attached to the present GCS at Annex 1. An acknowledgement of receipt, in a permanent medium, shall be submitted immediately to the Client by the Vendor.

Products shall be returned within fourteen (14) days of notification to the Vendor of the decision for withdrawal exercised by the Client, accompanied by the purchase invoice, in their original packaging and in perfect condition, in order to permit the resale thereof as new. Products which are damaged, soiled or incomplete shall not be accepted.

In the event of the exercise of the right of withdrawal within the above-mentioned term, only the price of the Product(s) purchased and delivery charges shall be reimbursed; return costs shall be assumed by the Client.

Any exchange (subject to availability) or refund shall be completed within a term of fourteen (14) days from the receipt by the Vendor of Products returned by the Client, under the conditions provided in the present article.

ARTICLE 11: Guarantee

Products sold on the Website shall be compliant with regulations in force in France. In accordance with statutory provisions, Products shall automatically be subject to a statutory guarantee of conformity and a statutory guarantee against hidden defects.

1. Statutory guarantee of conformity

In accordance with Article L. 217-4 of the Consumer Code, LADUREE shall be required to deliver goods which are compliant with the order, and shall be liable for any deficiencies in conformity upon the delivery thereof. According to Article L. 217-5 of the Consumer Code:

For the purposes of compliance with the contract, goods:

1. shall be fit for the purpose which is customarily expected of equivalent goods and, where applicable:

- shall correspond to the description provided by the vendor, and shall possess the qualities presented by the latter to the purchaser, in the form of a sample or model;

- shall possess such qualities as a purchaser shall legitimately be entitled to expect, in consideration of public declarations issued by the vendor, by the producer or their representative, specifically in advertising or labelling; or

2. shall possess characteristics which are defined by mutual agreement of the parties, or shall be fit for any specific purpose required by the purchaser, which shall be notified to the vendor and accepted by the latter”.

With respect to a statutory guarantee of conformity, the Client:

- shall be permitted a term of two years with effect from the delivery of goods to take action;

- may choose between the repair or replacement of goods, subject to the conditions of cost provided by Article L. 221-9 of the Consumer Code;

- shall be exempt from the requirement for the proof of existence of a deficiency in conformity for a term of twenty-four months with effect from the delivery of goods.

2. Hidden defects guarantee

LADUREE shall also be bound by a statutory guarantee against hidden defects in Products delivered, which shall render them unfit for their intended purpose, under the conditions provided in Articles 1641 to 1649 of the Civil Code, on condition that the purchaser can provide evidence of the hidden defect, and acts within a term of two years with effect from the discovery of said defect (Article 1648 of the Civil Code).

In the event of the enforcement of the hidden defects guarantee, the Client may choose between the cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

ARTICLE 12: Intellectual property rights

The content of the Website, which shall specifically include, but not by way of limitation, texts, commentaries, illustrations, photographs and images reproduced on the Website shall be the exclusive property of LADUREE, and shall be protected by intellectual property rights. Any reproduction of the Website, whether in whole or in part, shall be strictly prohibited, without the prior written authorization of LADUREE. Any breach of our trademarks and the integrity of our Products may constitute grounds for the initiation of civil or criminal proceedings.

ARTICLE 13: Applicable law and disputes

The present GCS shall be governed by French law. In the event of a dispute, an amicable solution shall be sought by way of priority, prior to any action at law. To this end, we would ask our Clients to contact our Customer Service Department by E-mail at the following address: contact@laduree.com. In the absence of an amicable solution, any action at law shall be brought before the courts of Paris.