1. Field of application

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") govern relations between PLANCKAERT ET FILS, a société par actions simplifiée, with capital of 50. 000 euros, registered in the Lille Métropole Trade and Companies Register under number 324 239 037, whose registered office is at 341 Rue de la Croix-Rouge, 59200 TOURCOING, France, hereinafter referred to as "Maison Planckaert", and any consumer within the meaning of the law and case law, wishing to make a purchase within the framework of a distance selling system on the Internet and mobile exclusively on his behalf via the online sales site (hereinafter referred to as "the Customer") accessible from the following url www.Planckaert.fr (hereinafter referred to as "the Site").

2. Acceptance and enforceability

The Customer who validates his order on the Site by clicking on the words "place order" accepts without restriction or reservation the present General Terms and Conditions of Sale, which apply until the expiry of the legal guarantees from which he benefits.

Maison Planckaert reserves the right to modify the General Terms and Conditions at any time. The General Conditions applicable are those in force on the Site on the day the order is validated.

No other provision, clause or condition emanating from the Customer shall prevail over the General Conditions.

3.Products

The Site offers products for sale (hereinafter "the Products") on the Site in the form of a description of their main characteristics (name, quality, composition, capacity). The images are as accurate as possible, but are not contractually binding on Maison Planckaert.

Proposals are made according to season and within the limits of available stocks.

The Products presented on the Site may under no circumstances be the subject of a request for modification of their composition or presentation.

In the event of weather conditions incompatible with the normal conservation of the Products, Maison Planckaert reserves the right to interrupt the online sale of one or more Products, which will then be reimbursed by credit to the card used for payment.

4. Prices and delivery charges

The prices of the Products are indicated on the Site and are in euros, including packaging and preparation costs and all taxes, excluding delivery costs and any customs duties payable by the Customer.

The value-added tax is the French VAT applicable on the day of the order and applies, depending on the Products, to orders to Metropolitan France and Overseas, Corsica and European Union countries.

Should the VAT rate be modified, these changes may be reflected in the price of the Products without prior notice to the Customer.

Given the specific preparation, packaging and management costs associated with online sales, the price of Products sold on the Site is different from the price in store.

Maison Planckaert reserves the right to modify prices at any time. Nevertheless, the price indicated on the Site at the time of confirmation of the Order by Maison Planckaert is the price applicable to the Customer.

The price of delivery (transport only) depends on the particularities of the order (weight, volume, geographical area, delivery method in particular) and is communicated to the Customer on the Site during the order process, before validation. Except in the case of free delivery, the price must be paid before delivery.

It is the Customer's responsibility to find out about customs duties, taxes and local regulations relating to the circulation and import of Products destined for their country. If customs duties, taxes or import duties are payable, they are the sole responsibility of the Customer, together with any associated formalities.

In the event of a payment incident after delivery, Maison Planckaert shall be entitled to reclaim the Products, the transfer of ownership of the Products being subject to full payment.

5. Order

Ordering by the Customer on the Site

Orders can be placed on the Site either as a Guest Account or by opening a Customer Account and entering two identifiers: an e-mail address and a password.

The Customer places an order on the Site to purchase one or more items. The Products are entered in the shopping basket with their quantity and price including VAT (hereinafter referred to as "the Basket").

The Customer identifies him/herself on the Site and provides all the information and details concerning the person invoiced and the recipient (name, full address, floor, door code, telephone number, etc.) required to process the order and make the delivery. Orders indicating a P.O. Box delivery address will not be accepted.

The Shopping Cart, plus delivery charges, is checked and validated by the Customer by clicking on the words "place order".

The customer pays online by credit card: Carte Bleue, Visa or Mastercard. The SSL security protocol guarantees the confidentiality of personal information transmitted over the Internet.

The currency used for the transaction is the euro. The amount debited from the credit card used will depend on the exchange rate of the euro on the day of the debit and on any exchange charges levied by the card-issuing bank.

The order will only be processed once Maison Planckaert has received payment in full.

Product availability

Once the order has been paid for, the Customer will receive an initial e-mail confirming acceptance of the order by Maison Planckaert, or confirming the unavailability of the Product(s) ordered.

In the event of unavailability, the Customer will be informed by e-mail as soon as possible.

Any amount paid will be reimbursed within a maximum of 30 working days by crediting the card used for payment.

Maison Planckaert products are handcrafted and are therefore available in limited quantities. They may be temporarily unavailable to order, particularly during busy periods such as Christmas, Easter, etc.

Order preparation

Upon confirmation of availability by Maison Planckaert, the latter prepares and dispatches the order of Products according to the agreed delivery method.

Parcels are prepared and packaged by Maison Planckaert in closed, strong packaging, so that the contents are subjected to as little shock as possible during transport.

A second e-mail is sent to the customer or, where applicable, to the customer's refusal within 48 working hours of the order being entered on the Internet, confirming that the order has been dispatched, specifying the parcel number, and providing a link enabling, in the event of delivery by the carrier, the delivery to be tracked on the carrier's website. Some of our carriers send an SMS to the invoiced customer to confirm delivery.

A detailed invoice for the order, made out in the Customer's name, is attached to the e-mail confirming shipment.

All orders confirmed by Maison Planckaert are binding and may not be cancelled by either party, except in the cases set out below, i.e. in the event of product unavailability, if the Customer is entitled to exercise his right of withdrawal, or in the event of force majeure.

The data recorded in Maison Planckaert's computer system constitutes proof of all transactions concluded with the Customer.

6.Delivery

Delivery information

Maison Planckaert delivers to most geographical areas, except where special conditions may affect the Product and/or its delivery, in particular weather conditions and/or access conditions.

In the event of incomplete or erroneous information given by the Customer at the time of the order, Maison Planckaert will have the right to contact the recipient directly by telephone, in order to complete the missing delivery information with him/her, insofar as the telephone number is not erroneous and the recipient can be reached.

The Customer is responsible for the information relating to the name and address of the recipient. This information must be precise, exact and complete (in particular door code and floor) to enable delivery under normal conditions.

La Maison Planckaert cannot under any circumstances be held responsible for a return delivery due to an address error or the impossibility of delivering to the address indicated.

For deliveries by Chronopost (or equivalent): in the event of absence of the recipient or of a person able to take possession of the products at the time of delivery, the carrier will leave a calling card inviting the customer to contact the carrier again as soon as possible. Under no circumstances can Maison Planckaert be held responsible for any deterioration of products due to late collection from the carrier.

Delivery mode

Deliveries are made every day except Sundays and public holidays to the place of delivery designated by the customer by carrier (Chronopost or equivalent), by us (depending on distance and availability). Some of our partners may offer Saturday delivery; the price is communicated to the Customer before he validates his basket. Fragile or bulky products are necessarily delivered by car courier or by us, the price of which is communicated to the Customer before he validates his basket.

Délais d'expédition et de livraison

In the case of a store pick-up order, the customer undertakes to pick up the order at the Tourcoing or Roubaix store, depending on the option chosen, on the day and at the time chosen by the customer.

As products are perishable, Maison Planckaert cannot keep an order that has been forgotten by the Customer. Any forgotten order cannot be reimbursed under any circumstances.

It is the customer's responsibility to ensure that the order is correct at the time of collection.

Delivery extension

During busy periods, in particular before Easter, Valentine's Day and New Year's Eve... During these periods, deadlines for placing orders by the Customer may be imposed if the Customer wishes to be delivered before a particular event.

Delivery delays

Outside busy periods (December, January, February, March-April), in the event of a delay in delivery exclusively attributable to Maison Planckaert and exceeding forty-eight hours (48h), the Customer who has not yet received his Order may cancel it free of charge by e-mail to the address service.client@planckaert.fr, followed by a telephone call to the store Planckaert 341 Rue de la Croix-Rouge on +33 3 20 25 25 27, unequivocally expressing the intention to cancel the order and obtain a refund.

Despite its best efforts to satisfy its customers, Maison Planckaert cannot be held responsible for late receipt of an order due to a fault on the part of the carrier or courier, and will not be reimbursed. Nevertheless, in such a case, Maison Planckaert undertakes to file a claim with the carrier in order to obtain compensation for the cost of shipment, on the basis of the supporting documents sent by the customer and supplied within the time limits stipulated in article 7 ("guarantees and claims").

If the recipient is absent, a delivery notice will be left in the recipient's letterbox, or sent by any means chosen by the carrier (e-mail, SMS, etc.). The package must be collected under the conditions indicated by the carrier on the delivery notice, and at the latest within three (3) calendar days following delivery of the notice, given the fragility of the Products.

If the Customer does not collect his order in the conditions required by the carrier and/or in the event that the package is returned to Maison Planckaert due to the Customer's failure to provide information, the delivery will be considered completed and no refund or return of the order to another address will be made.

In the case of delivery by courier or by us, the Customer must remain reachable by telephone on the day of delivery. If the Customer is absent at the delivery address or if the courier or driver is unable to contact the Customer, the order will be re-shipped to the Planckaert store 341 Rue de la Croix-Rouge 59200 TOURCOING, and made available to the Customer for collection in store during opening hours for two (2) working days. Delivery charges will not be reimbursed.

Any order not collected within this period of two working days will be considered as completed, and will therefore not be reimbursed.

Maison Planckaert cannot be held responsible for any deterioration of the Products due to late collection from the carrier or in-store.

7.Warranties and claims

Defects known to the customer and commercial warranty

It is the recipient's responsibility to check that the package is in good condition and conforms to the order immediately upon receipt. Any apparent anomaly, likely to be linked to transport conditions or visibly defective conformity (missing or broken item, damaged parcel, etc.) must be the subject of precise reservations on the delivery note if it exists, and notified to Maison Planckaert as soon as possible given the perishable nature of the Products, and at the latest :

• 48 hours following receipt in the case of delivery by carrier,
• 24 hours following receipt in the case of delivery by courier or by us.

If the anomaly notified within the above time limits is due to Maison Planckaert, the latter will exchange the Product(s) at its own expense.

Defects of which the customer is unaware - legal warranty for conformity and hidden defects in products

The Customer benefits from the legal warranty of conformity mentioned in articles L. 211-4 to L. 211-13 of the French Consumer Code, and from the warranty of defects in the item sold under the conditions stipulated in articles 1641 to 1648 and 2232 of the French Civil Code, which can be consulted free of charge on the website accessible at www.legifrance.gouv.fr.

When the Customer acts under the legal warranty of conformity, he may choose between the treatment of the non-conformity or the replacement of the Product, subject to the cost conditions stipulated by the French Consumer Code. In the event of a legal warranty for latent defects, the Customer may choose between rescission of the sale or a reduction in price.

Exercising warranties

The Buyer may exercise these guarantees by sending his complaint within the above-mentioned time limits by e-mail to magasin@planckaert.fr and then by returning the parcel by post to: Maison Planckaert - 341 Rue de la Croix-Rouge 59200 TOURCOING, accompanied by proof of purchase.

Maison Planckaert does not guarantee :

1. Products for which the expiration dates indicated on the packaging have passed by the date of the complaint,
2. damage (delay, non-delivery or non-consumable products) due to incomplete or erroneous information given by the Customer, or to delays in collecting the parcel in the event of absence,
3. damage caused by inappropriate use or storage of the Products by the Customer, or resulting from a cause unrelated to the intrinsic qualities of the Products.

The customer is informed that chocolates and confectionery should be kept in their original packaging between 15°C and 20°C and in a dry place. As chocolate by its very nature is subject to degradation due to climatic conditions, especially in the event of intense heat or cold, which are incompatible with the proper conservation of the Products, it is advisable to refrain from ordering chocolate during these periods.

The Products offered may contain traces of nuts, milk, egg and gluten. It is also the Customer's responsibility to check that the Products can be normally imported and consumed in the country of delivery.

In general, the Customer must check the description provided on the Site in order to be aware of the essential properties and particularities of the Products, and to assess any incompatibilities in the light of the relevant circumstances. They must refrain from ordering if the local outside temperature is above 20° C.

Maison Planckaert guarantees to the Customer that the products are manufactured and packaged according to strict quality rules, and preserved in accordance with the standards in force in France.

However, Maison Planckaert cannot extend its guarantee on its products if the Customer has not respected optimum storage conditions, or if the Customer has consumed products beyond the best-before date indicated on the packaging.

8.Right of withdrawal

The Customer benefits from a right of withdrawal which must be exercised under the following conditions:

Non-perishable (knick-knacks, etc.) or non-rapidly perishable products (alcohol, cocoa powder, etc.)

The Customer has a period of fourteen (14) working days from the day following receipt of the non-perishable Products to exercise his right of withdrawal without having to give reasons for his decision.

He/she must notify his/her decision using the retraction form below or any other unambiguous statement, accompanied by proof of purchase, by e-mail to magasin@planckaert.fr or by post to : La Maison Planckaert - 341 Rue de la Croix-Rouge 59200 TOURCOING.

The Customer shall return the Products to La Maison Planckaert at the address specified in the paragraph above, at its own expense, in conditions likely to preserve their integrity, in their original, undamaged packaging, without undue delay and at the latest within fourteen (14) days of notification of its decision to withdraw, by Colissimo, Chronopost or by parcel tracked by La Poste. The Customer may be held liable for any unnecessary handling of the returned Product which may result in its deterioration.

The sums already paid will be reimbursed within a further period of fourteen (14) days from receipt of the decision to withdraw by Maison Planckaert by the same means of payment as that used for the order. The cost of return shipment shall be borne by the customer.

Rapidly perishable products (chocolates, confectionery, etc.)

In accordance with current legislation, the right of withdrawal cannot be exercised in respect of the following Products:

• Products made to the consumer's specifications or clearly personalized,
• Products likely to deteriorate or expire quickly, such as chocolates and confectionery,
• Products whose packaging has been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

9.Information on the sale of alcohol

Article L. 3342-1 of the French Public Health Code prohibits the sale and offer of alcoholic beverages to minors and assimilated persons. Consequently, the Customer using the Site, whether or not purchasing Products and in particular champagne, acknowledges that he/she has the necessary legal capacity and undertakes to provide and justify his/her age at the request of Maison Planckaert.

10.Resale ban

The Customer agrees not to resell the Products, which are intended exclusively for the Customer's personal use or that of the person receiving the order.

11.Intellectual property

Maison Planckaert and Pavé de Tourcoing are registered trademarks.

All illustrations, graphics, logos and texts appearing on the Products and their packaging, and all elements of the Site or associated social networks are and remain the exclusive intellectual property of Maison Planckaert. It is forbidden to reproduce, exploit, or use for any purpose whatsoever, even partially, these elements.

The reproduction, representation, exploitation, rebroadcasting or use for any purpose whatsoever, even partially, of the elements of the Site, whether software, visual or sound, are subject to the express prior authorization of Maison Planckaert, holder of all intellectual property rights. Under no circumstances may the customer resell the products, which are intended for his/her personal use or that of the person to whom the order is addressed. Any total or partial reproduction, modification or use of the products or their images for any reason whatsoever is strictly forbidden.

12. Protection of personal data

The Customer accepts that his personal data may be processed in connection with the use of the Site and/or orders that may be placed via the Site. The use of personal data is carried out under the responsibility of the company responsible for the confidentiality of such data.

The data collected by Maison Planckaert is collected and processed on the following legal bases:

• As part of the formation and execution of a contract, in particular for the management, payment, delivery and follow-up of the order,
• For legitimate customer service purposes,
• On the basis of the Customer's consent to the sending of commercial proposals,
• In order to ensure compliance with the legal and regulatory obligations of Maison Planckaert.

Certain information is mandatory and necessary for order processing. The absence of a response to a field marked as compulsory is likely to compromise the proper processing of the order. Maison Planckaert collects and processes the following personal data:

• Identification data (e.g. surname, first name, e-mail address, postal address, telephone number, age)
• Payment and billing data (e.g. means of payment and associated transaction data, payment history, invoices)
• Commercial data (e.g.: data required for loyalty-building, canvassing, satisfaction surveys, statistical and promotional activities, promotional operations).
• Indirectly, connection and browsing data (e.g. IP address)

Data may be transmitted to companies involved in relations with the customer, such as those responsible for the execution or transport of orders.

Customer data is kept for a period that complies with legal provisions or is proportionate to the purposes for which it was collected. It may also be kept for a longer period for security purposes, in order to comply with legal obligations.

In accordance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the amended French Data Protection Act of January 6, 1978, the Customer has, in particular, a right of access, rectification, deletion, opposition, limitation and portability of the processing of personal data concerning him or her.

For any question relating to data protection or to exercise these rights, the Customer may send an e-mail directly to the following address: service.client@planckaert.fr or a letter to the head office of Maison Planckaert, accompanied by proof of identity.

13. Force majeure, third-party events and health conditions

Neither Maison Planckaert nor the customer may be held liable in the event of total or partial non-performance of one of its obligations, in the event of force majeure within the meaning of article 1218 of the French Civil Code.

If the impediment due to force majeure is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated under the conditions set out in articles 1351 and 1351-1 of the French Civil Code. If the order has not been dispatched to the customer, it will be reimbursed at the customer's request.

Any imperative administrative decision resulting from the Covid-19 epidemic, or similar, is considered a case of force majeure.

14. Independence of clauses, applicable law

If any provision of the General Terms and Conditions is declared inapplicable or is invalidated, such invalidity shall not affect the application or validity of the other provisions, the invalidated or inapplicable provision being replaced by the closest possible provision.
The General Terms and Conditions are governed exclusively by French law. Any dispute shall be brought before the competent French courts.

15. Complaints and Mediation

For any difficulty relating to the online sale of Products, the Customer is invited to first contact Maison Planckaert by e-mail at service.client@planckaet.fr.

Following a prior unsuccessful attempt to resolve the complaint with Maison Planckaert, the Customer may have recourse to a mediation procedure by contacting the e-commerce mediator of the Fédération E-commerce et Vente à Distance (FEVAD) (https://www.mediateurfevad.fr/) (https://fevad.azurewebsites.net/mediation) (https://www.mediateurfevad.fr/index.php/espace-consommateur/):

• By e-mail mediateurduecommerce@fevad.com
• Or by post: Service du Médiateur du E-commerce de la FEVAD, BP 20015 - 75362 PARIS CEDEX 8

16. Applicable Law

These terms and conditions are governed exclusively by French law.
The Commercial Court of Lille will have sole jurisdiction for any dispute or difference concerning them.
These terms and conditions are governed exclusively by French law. The language of this contract is French. In the event of translation, the French version shall prevail.
Any dispute shall be referred to the Tribunal de Commerce de Lille once all amicable means have been exhausted.
The company Planckaert et Fils "Maison Planckaert" cannot be held responsible in the event of non-compliance with the regulations of a foreign country where the products marketed on this site would be delivered.