0
items in your cart
Cart total
Treat yourself and enjoy free in-store or home delivery on purchases over €150*
See what’s in the cart

herissons.png

General terms of sale

Preamble

Article 1. Entirety

Article 2. Purpose

Article 3. Scope

Article 4. Order

  1. Contractual capacity

  2. Acceptance of these Conditions by the Customer

  3. Order placement

  4. Order confirmation

  5. Order tracking

  6. Proof of the transaction

Article 5. Product information

  1. Product characteristics

  2. Product availability

Article 6. Prices

Article 7. Payment

  1. Payment methods

  2. Invoice

  3. Transfer of ownership

Article 8. Delivery

  1. Areas of delivery

  2. Delivery terms

  3. Delivery options

  4. Delivery time

  5. Packaging

  6. Gift wrapping

  7. The Customer’s responsibility to check parcels on receipt

  8. Carrier-related delivery delays

Article 9. Furniture

  1. Accessibility

  2. Receipt

Article 10. Right to withdraw, return and exchange

  1. Procedures

  2. Product condition

  3. Refunding returns

Article 11. Guarantees

Article 12. Liability

Article 13. Force majeure

Article 14. Personal data

Article 15. Intellectual property rights

Article 16. Entirety of Terms and Conditions

Article 17. Duration and application

Article 18. Applicable law and jurisdiction

Article 19. Current offer

PREAMBLE

This website is operated by the company TC RETAIL, a simplified joint stock company with a single shareholder with capital of €4,400,000 whose registered office is in Paris (75010), 6 bis rue Gabriel Laumain, registered with the Paris Trade and Companies Register under number 332 855 691, represented by its Chair, the company TARTINE ET CHOCOLAT, a simplified joint stock company with capital of €10,800,000 whose registered office is in Paris (75010), 6 bis rue Gabriel Laumain, registered with the Paris Trade and Companies Register under number 452 983 166, represented by its Chairwoman, Mrs Émilie Zannier.

These General Terms and Conditions of Sale apply to all orders placed with the company TC RETAIL for all items and services offered on the website www.tartine-et-chocolat.com by non-trading individuals (hereinafter “the Customer”). As a result, the act of ordering a product offered for sale on the website www.tartine-et-chocolat.com implies full and complete acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges, having read them prior to his/her order. The company TC RETAIL reserves the right to modify the General Terms and Conditions of Sale at any time.

ARTICLE 1. ENTIRETY

These General Terms and Conditions of Sale represent the entirety of the parties’ obligations. In this sense, the Customer is deemed to have accepted without reservation all the provisions of these General Terms and Conditions of Sale. TC RETAIL undertakes to comply with its role as a reseller within the framework of the aforementioned conditions.

ARTICLE 2. PURPOSE

The purpose of these General Terms and Conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered to the Customer by the company TC RETAIL, from ordering to delivery, including payment and the use of services made available by the company TC RETAIL.

ARTICLE 3. SCOPE

These General Terms and Conditions govern the online sale of the products on the day on which the Customer places an order.

ARTICLE 4. ORDER

  1. Contractual capacity

Any Customer of the company TC RETAIL declares that he/she has full legal capacity and can therefore undertake to act in accordance with these General Terms and Conditions of Sale. TC RETAIL reserves the right to cancel and to refuse any order from a Customer with whom a dispute exists or appears during the processing of an order, particularly in the event of a dispute relating to the payment of a previous order.

  1. Acceptance of these Conditions by the Customer

The Customer’s decision to tick the box “I have read and accept the General Terms and Conditions of Sale” before proceeding to payment constitutes an irrevocable acceptance which can only be contested in the limited cases provided for in these General Terms and Conditions under the paragraph “Right of withdrawal”. By doing so, the Customer acknowledges that he or she has read, understood and agreed to these General Terms and Conditions.

  1. Order placement

On the website tartine-et-chocolat.com, the ordering process consists of seven successive steps:

  1. The Customer must choose the product(s) which he/she wants to purchase.

  2. The Customer must then confirm his/her basket.

  3. The Customer must then verify the products selected, choosing the colour and size options and specifying the required quantity.

  4. The order can only be recorded and processed if the Customer has clearly identified him/herself, either by entering his/her email address and his/her personal password or by providing all the information required for online registration.

  5. Once identified, the Customer must clearly indicate the information necessary for delivery, including the exact delivery address and any possible restrictions in terms of access (building, floor, door code, etc.).

  6. During the penultimate step, the Customer must then indicate the chosen delivery method.

  7. Lastly, the Customer must indicate his/her chosen payment method to proceed with the payment of his/her order on the secure interface, which will definitively formalise the contract of sale by which he/she is bound to TC RETAIL.

Any order implies the acceptance of prices and descriptions of products available for sale. The online entering of the Customer’s bank card number on the form of one of our payment partners and the final confirmation of the order by the Customer shall constitute proof of the order and current liability for payment of the amounts for products ordered.

  1. Order confirmation

An email is automatically sent to the Customer to confirm the order, provided that the email address indicated in the registration form does not contain any error.

  1. Order tracking

The Customer can track the status of his/her order by viewing the “My Account” section on the website www.tartine-et-chocolat.com. For any questions about tracking his/her order, the Customer can contact TC RETAIL’s Customer Service by telephone on +33 (0) 1 81 69 57 24 (price of a local call, when calling from France) from 9am to 7pm from Monday to Friday and from 10am to 5pm on Saturday, excluding public holidays, or by email: contact@tartine-et-chocolat.com

  1. Proof of the transaction

Computerised records, stored on the computer systems of the company TC RETAIL in reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. At no time does the company TC RETAIL receive, store, save or transfer any element of its customers’ banking information. All banking information is directly processed by its specialist partners. Purchase orders and invoices are archived on a reliable and long-term medium and can be produced as evidence.

ARTICLE 5. PRODUCT INFORMATION

  1. Product characteristics

Pursuant to Article L.111-1 of the French Consumer Code, the Customer may, prior to his/her order, take note of the essential characteristics of the product(s) he/she wishes to order on the website www.tartine-et-chocolat.com. The Customer can choose one or several products from the various categories available on the website www.tartine-et-chocolat.com. The essential characteristics of each product are communicated in the most legible and comprehensible manner, taking into account the nature of the product and the medium used for its presentation. It is, however, possible that the perception of the product(s) does not entirely match the actual product(s).

  1. Product availability

The company TC RETAIL undertakes to honour received orders only within the limits of available product stock. In the event of the unavailability of the product(s), the company TC RETAIL undertakes to inform the Customer as soon as possible. The company TC RETAIL is likely to alter the range of products offered for sale on its website www.tartine-et-chocolat.com. Availability may vary within a single day, depending on the level of sales. The company TC RETAIL updates product availability frequently but cannot be held liable if the stock is no longer the same as stated on the website. If the company TC RETAIL cannot obtain an ordered product from its suppliers, it will inform the Customer of the expected delay or the product’s complete unavailability by email or telephone. The Customer will then be able to request a refund of the sum paid without delay and within fourteen days.

No compensation for cancellation, other than the full refund of the said Order, may be requested unless the non-fulfilment of the contract is attributable to the company TC RETAIL. The company TC RETAIL cannot be held liable for the non-fulfilment of the contract if this is attributable to the unforeseeable and insurmountable act of a third party to the contract or to an event of force majeure.

ARTICLE 6. PRICES

The retail prices of the products listed are in Euros and include all taxes. The retail prices of the products are those in effect on the date on which the confirmation of the Customer’s order is sent. The retail price of products may be modified by the company TC RETAIL at any time. The prices do not include delivery costs, which are the Customer’s responsibility and are charged in addition to the price of the products and are dependent on the total cost of the order. Delivery costs will be specified before the Customer’s final confirmation of the order. The prices do not include possible promotional offers and personal reductions, specified before the final confirmation of the order. The prices include the Value Added Tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be passed on to the price of the products sold by the company TC RETAIL on the website www.tartine-et-chocolat.com. However, the prices cannot be changed once the Customer has placed the order. In addition, if one or more taxes or contributions, particularly those of an environmental nature, were created or modified, whether upwards or downwards, this change may be passed on to the retail price of the products sold by the company TC RETAIL on its website www.tartine-et-chocolat.com.

ARTICLE 7. PAYMENT

  1. Payment methods

Full payment must be made once the Customer places the order. At no time can the sums paid be considered as deposits or advance payments. The Customer can pay for his/her order online by debit or credit card: Carte Bleue, Visa and Eurocard-Mastercard or by PayPal. The Customer must enter the number on the front of his/her credit card or bank card, the expiry date and the CVC code on the back of his/her credit or bank card (last 3 digits). The Customer guarantees the company TC RETAIL that he/she has the necessary authorisations to use the chosen payment method for his/her order when confirming his/her purchase order. The company TC RETAIL reserves the right to suspend or to cancel any fulfilment of an order and/or any delivery, whatever its nature and level of fulfilment, in the event of non-payment or partial payment of any sum due by the Customer, in the event of an on-going payment dispute, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the website www.tartine-et-chocolat.com. The company TC RETAIL reserves the right to request supporting documents from the Customer before confirming an order. Indeed, as part of an order verification procedure, the company TC RETAIL may ask the Customer to send several supporting documents by email, post or fax. The order will then only be confirmed once the documents have been received and checked. If the order is not received within 15 days following the placing of the order, it shall be deemed to be automatically cancelled. The Customer can make his/her purchases with complete peace of mind; the company TC RETAIL undertakes to make every effort to ensure the security and confidentiality of data supplied online, including bank details via its payment partners. The site uses SSL (Secure Socket Layer), a secure method of payment which encrypts bank details during transmission over the network. The Customer can see that the transmission is encrypted by software once the padlock symbol appears in his/her browser. The transaction is carried out via its payment partners, which are the only parties to access the banking information provided on the site at the time of payment.

  1. Invoice

The Customer can access the original invoice in the “My Account” section on the website www.tartine-et-chocolat.com.

  1. Transfer of ownership

The company TC RETAIL retains full and complete ownership of the products sold until full payment of the entire purchase price, including costs, taxes and compulsory contributions.

ARTICLE 8. DELIVERY

  1. Areas of delivery

The company TC RETAIL delivers in the following countries of the European Union : France and Monaco, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom and the United States of America (excluding specific areas requiring tax-free sales, in particular the French overseas departments and territories) and the United Kingdom. For more information about delivery, the Customer can contact Customer Service by telephone on +33 (0) 1 81 69 57 24 (price of a local call, when calling from France) from 9am to 7pm from Monday to Friday and from 10am to 5pm on Saturday, excluding public holidays, or by email: contact@tartine-et-chocolat.com

  1. Delivery terms

Products are sent to the address entered by the Customer on the purchase order. It is the Customer’s responsibility to verify that he/she has provided complete and correct information to the company TC RETAIL. The company TC RETAIL cannot be held liable for any data entry errors and the consequences in terms of delays or delivery errors. In this situation, all costs for reshipping the order will be covered by the Customer. The company TC RETAIL cannot be held liable for delivery delays if these are attributable to the unforeseeable and insurmountable act of a third party to the contract or to an event of force majeure.
Delivery is free on orders over €150 in mainland France with Colissimo delivery without signature.

  1. Delivery options

• Colissimo : This delivery method guarantees delivery in mainland France and Monaco only, within 48 hours from shipping at a cost of €6.90, via the Post Office and Colissimo (excluding order processing and preparation time). Parcels are delivered from Monday to Saturday morning, excluding public holidays. The parcel is processed by the Post Office and delivered to the delivery address provided by the Customer. If the Customer is not present at the time of delivery and if possible, depending on the dimensions of the parcel, the parcel will be posted through the Customer’s door. If this is not possible, a card will be left, telling the Customer to collect the parcel from the nearest Post Office within 15 days.

• Collection point : This delivery method covers 9,000 collection points in the Mondial Relay network in mainland France and Belgium. By selecting the collection point delivery method, the Customer declares that he/she has read and agreed to the General Terms and Conditions of Sale of Mondial Relay, without reservations. Collection point delivery costs €4.90. The average delivery time to a collection point is 5 working days. The Customer is informed by email of the arrival of his/her parcel at the collection point; he/she has 10 working days from the date on which the email is sent to collect his/her order, on presentation of valid and current ID. After this period, the parcel will be considered to have been abandoned and can no longer be the subject of any claim by the Customer. The website www.tartine-et-chocolat.com will refund the Customer for the products ordered on the basis of the invoiced price, excluding delivery costs.

• Colissimo international : This delivery method is available in the following European countries: Germany, Luxembourg, the Netherlands, Belgium, Spain, Italy, the United Kingdom, Austria, Hungary, Portugal, Bulgaria, Estonia, Finland, Greece, Lithuania, Latvia, the Czech Republic, Slovakia, Slovenia and Sweden. With this delivery method, which costs from €6.90, the Customer will receive his/her parcel within 3 to 8 working days. Parcels are delivered from Monday to Friday, excluding public holidays. The parcel will require a signature on delivery. If the Customer is not present at the time of delivery, a card with the carrier’s contact details will be left to organise a new delivery.

• TNT Express : This delivery method guarantees delivery in mainland France and Monaco only, within 48 hours of shipping at a cost of €9.90, via TNT (excluding order processing and preparation time). Parcels are delivered from Monday to Saturday, excluding public holidays. The parcel is handled by TNT and delivered to the delivery address provided for the order. The parcel can be tracked on the website www.tnt.fr/suivi with the tracking number of your parcel.

If the Customer is not present at the time of delivery, an SMS is sent to him/her, stating where he/she can collect his/her parcel from the nearest Relais Colis or TNT agency within 10 days. In the event that the Customer fails to collect the parcel within the period specified by the carrier, the products will be returned to the company TC RETAIL which reserves the right to refund the price of the products, with the shipping costs remaining the Customer’s responsibility.

• UPS : This delivery method is available in the European countries and this delivery method, which costs from €12.90, the Customer will receive his/her parcel within 48 hours of shipping.

• DHL : This method of delivery is reserved for shipping to the United States. It allows the customer to present his parcel between 3 and 5 working days from 15.90 euros.
Orders over 670€ are subject to taxes and customs duties which are to be paid by the customer/consignee

• In store : This is a free delivery method available in mainland France to one of Tartine et Chocolat’s participating stores.

  1. Delivery time

For any order placed online via the website www.tartine-et-chocolat.com and confirmed on the website www.tartine-et-chocolat.com, the order will be prepared within 2 working days, subject to availability of stock. An email is automatically sent to the Customer once the Products are shipped, provided that the email address entered in the registration form does not contain an error. Upon receipt of this email, the Customer may use the times listed below for the different carriers as a guideline. The delivery times are as follows:

  • Colissimo: 2 (working) days for mainland France

  • Collection point: 5 working days

  • TNT Express: 2 working days

  • Colissimo international: 3 to 8 working days, depending on the country, excluding public holidays

  • DHL : 3 to 5 working days

  • In store: 3 to 5 working days

In addition, the company TC RETAIL informs its Customers that these delivery times do not include Sundays or public holidays. In the event of an order which includes one or more unavailable products as well as one or more available products, the company TC RETAIL will only ship the available products in the order and will proceed to cancel and then to refund the unavailable products. Customer Service will then contact the Customer as soon as possible.

  1. Packaging

Products are packaged so as to comply with current transport standards and to ensure optimal product protection during delivery. We ask Customers to comply with these same standards when returning products. Any damage to a product which is observed on its return and which is caused by an issue with insufficient or incomplete packaging may result in a partial refund or non-refund of the product in the event of the company’s inability to resell it as is or in the event of the exacerbation of any technical problem indicated.

  1. Gift wrapping

The gift wrapping option cannot be applied to bulky items (mobiles, bouncers, cribs, furniture, etc.). This option only provides one gift wrap per order

- Customer’s responsibility to check parcels on receipt
The company TC RETAIL reminds the Customer that it is his/her responsibility to inspect parcels on receipt and to notify the company TC RETAIL of any defects (damage, damage to the parcel, missing product when compared to the delivery note, broken products, delivery date which is later than normal delivery times, wrong product, etc.) within 3 working days. In the event that such information is not brought to the attention of TC RETAIL, the product is deemed to be accepted by the Customer and may not be the subject of any dispute concerning its delivery.

  1. Carrier-related delivery delays

In the event of a delay in delivery with regard to the delivery time announced by the carrier, the company TC RETAIL suggests that the Customer should firstly check with the carrier that the package is not being processed; if necessary, the Customer should then contact Customer Service by telephone on +33 (0) 1 81 69 57 24 (price of a local call, when calling from France) from 9am to 7pm from Monday to Friday and from 10am to 5pm on Saturday, excluding public holidays, to open a dispute or an investigation to search for the parcel. The Customer must declare the loss within 30 working days from the specified date for delivery of the order. The company TC RETAIL will then contact the relevant carrier to make the necessary claims. If the missing parcel is found, it will immediately be shipped to the Customer’s home. If, at the end of the investigation, the parcel is not found, the Customer can ask for a refund of the amount paid.

ARTICLE 9. FURNITURE

  1. Accessibility

When organising a delivery time with the delivery company, it is the Customer’s responsibility to specify:
Carrier accessibility. Specify if access is difficult (pedestrian street, paths, etc.)
Access to the child’s room (lift, sufficiently wide staircase, etc.)

Please note: beds, chests of drawers and sideboards are bulky. The Customer will take note of the item’s size and weight in the product description. It is the Customer’s responsibility to check that the lift or staircase of his/her building is big enough for these items to be delivered. If this is not the case, the Customer must pay for an external lift or for the return of the items to the warehouse at his/her own expense.

  1. Delivery conditions

Furniture is delivered to the address provided by the Customer on the order.

The order is delivered to the Customer at the place and on the date agreed with the carrier.
If the Customer is unable to take delivery of furniture on the date previously agreed with the carrier, he/she must then request a new delivery from Customer Service by email: contact@tartine-et-chocolat.com or by telephone on +33 (0) 1 81 69 57 24. The company Tartine et Chocolat undertakes to deliver furniture to the Customer as soon as possible. Delivery times are provided for information purposes only. Delays to delivery times will not give rise to damages, a deduction or the cancellation of the order by the Customer.
If the time slot offered by the carrier does not suit the Customer, delivery will be postponed to a later date without giving rise to damages.

Similarly, if the item cannot be delivered because of incomplete information provided by the Customer, for example, the latter shall bear the cost of a second delivery of up to €200.

The company Tartine et Chocolat undertakes to deliver furniture to the Customer as soon as possible. Delivery times are provided for information purposes only. Delays to delivery times will not give rise to damages, a deduction or the cancellation of the order by the Customer.

Delivery of furniture is free on orders over €2,500 in mainland France.

  1. Receipt

On delivery, the carrier will present the transport document to the Customer in duplicate:

  • A pre-filled copy for the carrier.

  • A copy for the Customer.

Tartine et Chocolat would like to draw its Customers’ attention to the pre-filled entries:

  • The number of parcels,

  • The condition of the packaging,

  • The condition of the product after being unpacked by the delivery man/woman,

  • The quality of assembly.

These four fields should be checked.

In the event of disputes, Tartine et Chocolat asks the Customer to cross out the pre-filled entries and to note down any reservations, in the presence of the carrier. All reservations must be noted in detail and accurately in the three boxes provided for this and on both copies.

PLEASE NOTE: When the Customer signs the carrier’s delivery note, he/she acknowledges having received the goods in good condition. Any damage subsequently identified will not invoke the liability of the carrier and will not be the subject of a claim for compensation. Tartine et Chocolat therefore recommends that the Customer waits until the end of the process and takes the time to check everything before signing the carrier’s documents.

It is specified that the finish and, in particular, the colour may be different for each item of furniture. Different shades form part of the product’s identity and are considered normal and acceptable. They do not constitute a valid reason for an exchange or a refund.

After delivery and in the event of a dispute, the Customer has a period of 48 working hours to inform Tartine et Chocolat’s Customer Service of any apparent non-conformity or any apparent defect in the delivered products.

After this period, the products will be declared to be in conformity and free of any defect and the costs of any exchange will be borne exclusively by the Customer.

It is the Customer’s responsibility to provide a photograph(s) to justify the existence of the defects or damage observed.

The Customer shall refrain from intervening him/herself or from having a third party intervene to try to remedy the situation.

In the event of non-conformity or a proven apparent defect, the company Tartine et Chocolate undertakes to replace the non-conforming delivery. Under no circumstances may compensation of any kind be demanded.

The delivery note (consignment note) given by the carrier, dated and signed by the Customer upon delivery of the products, shall constitute proof of transport and delivery.

Eco-Participation: Tartine et Chocolat is registered in the National Register of Marketers of Furniture Elements under the number FR015403. This number guarantees that Tartine et Chocolat, by joining Eco-mobilier, complies with the regulatory obligations incumbent upon it in application of article L 541-10-1 10° of the Environment Code.

ARTICLE 10. RIGHT TO WITHDRAW AND RETURN

The Customer has a period of fourteen days in which to withdraw from the sale, without having to give reasons for his/her decision or to bear any costs other than those provided for in this article.

The withdrawal period begins at the beginning of the first hour of the first day following:

  • the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the product;

    • (in the event of an order for several products, delivered separately) the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last product;

    • (in the event of an order for several products, delivered in several batches or pieces) the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last batch or the last piece;

The withdrawal period ends at the end of the last hour of the last day of the period. If the period ends on a Saturday, Sunday, a public holiday or a non-working day, it shall be extended until the first following working day.

The Customer exercises his/her right to withdraw by informing TC RETAIL of his/her decision to withdraw by sending the standard withdrawal form provided by TC RETAIL or any other unambiguous statement expressing the desire to withdraw from the contract to TC RETAIL’s postal address or by sending an email to TC RETAIL’s email address (contact@tartine-et-chocolat.com); the standard withdrawal form can be downloaded here. In the event of the Customer’s decision to exercise the right to withdraw by email to the email address of TC RETAIL’s Customer Service, an acknowledgement of receipt of the withdrawal on a long-lasting medium will be sent to him/her without delay.

The burden of proof to exercise the right to withdraw lies with the Customer.

  1. Procedures

  • For deliveries in mainland France:

Returns are free. Returns are to be declared in the “My Orders” section of the Customer’s account on the website. An email with the Colissimo return slip is sent to the Customer. Part of this slip is to be stuck on the return parcel while the other part is to be kept by the Customer as proof of postage, guaranteeing him/her compensation for the products’ actual market value in the event of the theft or the loss of these goods.

  • For deliveries outside mainland France:

The company TC RETAIL recommends that the Customer return his/her products by registered delivery with Colissimo or with additional insurance for the market value of the products, guaranteeing him/her compensation for the products’ actual market value in the event of the theft or the loss of these goods. In any event, the return is at the Customer’s risk. The Customer should also keep any proof of return.
In addition, the company TC RETAIL reminds the Customer that no refund can be given before the relevant item(s) have been received and their condition has been checked (see the conditions outlined below).

  1. Product condition

Returned products must be returned in their original condition and in their entirety (product label, accessories, cover, etc.). Products must be intact, in perfect condition for resale, in a state of perfect cleanliness and cannot have been worn or used nor have suffered any damage. Any damaged or incomplete product will not be refunded.

  1. Refunding returns

The company TC RETAIL will refund the Customer at the latest within 14 days from the date on which it is informed of the Customer’s decision to withdraw. However, the company TC RETAIL may defer the refund until the products are received, the chosen date shall be the earlier of these events. If the Customer wants to keep this amount as a credit on his/her Tartine et Chocolat account so that it can be deducted from a future order, he/she will have to inform Customer Service when making his/her return request. The initial delivery costs of the order are refunded to the Customer only if the entire order is returned.


If a discount coupon has been used when placing the order, the amount corresponding to the aforementioned discount will be deducted from the credit or refund amount in proportion to the amount of items ordered.

ARTICLE 11. GUARANTEES

Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him/her against all the consequences of latent defects in the item sold. This clause is applicable only within the context of full settlement of the order. The Customer is expressly informed that the company TC RETAIL is not the producer of the products presented within the framework of the website www.tartine-et-chocolat.com, within the meaning of Act 98-389 of 19 May 1998 and relating to liability for defective products. Thus, in the event of damage or injury to a person or object caused by a product defect, the Customer may seek redress from the legally responsible manufacturer only, on the basis of the information featured on the aforementioned product’s packaging. In addition, the company reminds you that the products, services and information offered by the company TC RETAIL are in no way a substitute for the constant vigilance of adults. The company TC RETAIL cannot be held liable in the event of non-compliance with the legislation of the country in which the products are delivered. It is the Customer’s responsibility to check with the local authorities regarding the possibility of importing or using the products or services he/she intends to order.

ARTICLE 12. LIABILITY

The products offered comply with French legislation in force and applicable standards in France. The company TC RETAIL cannot be held liable in the event of non-compliance with the legislation of the country in which the product is delivered. It is the Customer’s responsibility to verify with the local authorities with regard to the possibilities of importing or using the products which he plans to order. The company TC RETAIL cannot be held liable for inconveniences and damages relating to the use of the Internet network, including a break in the service, the presence of computer viruses or external breaches and, more generally, all events of force majeure or caused by third parties at the courts’ request. Hypertext links may direct users to sites other than the website www.tartine-et-chocolat.com. The company TC RETAIL accepts no liability in the event that the content of these sites contravenes the legal and regulatory provisions in force. The company TC RETAIL shall not be held liable for any indirect damages which may arise from the purchase of the products. In the same way, with regard to the obligations of these General Terms and Conditions of Sale, the company TC RETAIL shall not be held liable in the event of the occurrence of an event of force majeure as defined by the French courts.

ARTICLE 13. FORCE MAJEURE

Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. All acts or circumstances which are unstoppable, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all possible reasonable efforts, will be considered as fortuitous events or force majeure. The party affected by such circumstances shall notify the other party within ten business days following the date on which it becomes aware of these circumstances. Both parties will then meet within one month, unless the force majeure prevents them from doing so, to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled.

ARTICLE 14. PERSONAL DATA

Pursuant to the modified “Information Technology and Civil Liberties” Act 78-17 of 6 January 1978, at all times, the Visitor and the recipient of an order from the website www.tartine-et-chocolat.com have the right to access, modify, rectify and delete data concerning them which is processed by the company TC RETAIL, as well as the right to object to the processing of such data for direct marketing purposes. These rights can be exercised by contacting Customer Service. The personal data collected during any Customer order is necessary for the management of the order by the company TC RETAIL and its service providers and may be used, subject to the rights exercised by the data subject, to inform him/her of the products or services provided by the aforementioned company and/or its commercial partners. When the Customer registers or places an order or in the context of other specific operations, the company TC RETAIL offers to inform the Customer or the Visitor about products on www.tartine-et-chocolat.com by email (newsletters, emails about events and emails about promotional offers). If the Customer or the Visitor no longer wishes to receive these messages with this information, he/she can modify his/her subscription at any time via his/her personal account in the “My Account” section on the website www.tartine-et-chocolat.com or by notifying Customer Service or via the unsubscribe link which is shown at the bottom of every email. Via the company TC RETAIL, the Customer or the Visitor, who has expressly given his/her prior consent, may receive marketing emails relating to products or services provided by the commercial partners of the company TC RETAIL. The Customer or Visitor can, at any moment, change his/her settings. The company TC RETAIL uses data collection systems such as cookies. A cookie is a file stored on the hard disk of the computer of the user. Cookies make it possible to report a previous visit to the site by the Customer or the Visitor and to connect the user to the personal data left on the site, including identification of the shopping basket. The Customer or the Visitor can contact Customer Service by telephone on +33 (0) 1 81 69 57 24 (price of a local call, when calling from France) from 9am to 7pm from Monday to Friday and from 10am to 5pm on Saturday, excluding public holidays, or by email: contact@tartine-et-chocolat.com.

ARTICLE 15. INTELLECTUAL PROPERTY

All data of any nature whatsoever, including texts, graphics, logos, icons, images, illustrations, audio and video clips, trademarks, software, etc., including the underlying technologies used, which appear on the website www.tartine-et-chocolat.com are necessarily protected by copyright, trademark law and all other intellectual property rights. As such and in accordance with the provisions of the French Intellectual Property Code, only the use for private use is authorised, subject to different and even more limited provisions of the French Intellectual Property Code. Under these conditions, the User undertakes not to reproduce, summarise, modify, alter or redistribute any text, title, application, software, logo, trademark, information or illustration, without the express prior authorisation of the company TC RETAIL, other than for strictly private use, which excludes any representation for professional purposes or mass redistribution. In addition, the User undertakes not to copy all or part of the website on any other website and/or internal company network. Any other use constitutes an infringement and is punishable under the French Intellectual Property Code unless prior authorisation is granted by the company TC RETAIL. Any reproduction in whole or in part of the catalogue of the company TC RETAIL is strictly prohibited. Any creation of a hypertext link towards the website www.tartine-et-chocolat.com from another website must be the subject of the express authorisation of the company TC RETAIL. At the request of the company TC RETAIL, this link must be removed.

ARTICLE 16. ENTIRETY OF TERMS AND CONDITIONS

If a change in legislation, regulations or a court decision renders one or more provisions of these General Terms and Conditions of Sale null and void, this shall not affect the validity of these General Terms and Conditions of Sale. In any event, such a change or ruling will not enable the Customer to disregard these General Terms and Conditions of Sale.

ARTICLE 17. DURATION AND APPLICATION

These Terms and Conditions apply for the entire duration of the online availability of the services offered by the company TC RETAIL. The latter reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. However, in the event of modifications, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the website www.tartine-et-chocolat.com are those accepted by the Customer on the day on which his/her order is placed.

ARTICLE 18. APPLICABLE LAW AND DISPUTE RESOLUTION

These General Terms and Conditions are governed by French law.

The creation, interpretation and effects of any sales contract entered into on the website are governed by French law.

In the event of a question or a complaint, the Customer can initially contact Tartine et Chocolat’s Customer Service by telephone on +33 (0) 1 81 69 57 24 (price of a local call, when calling from France) from 9am to 7pm from Monday to Friday and from 10am to 5pm on Saturday, excluding public holidays, or by email at contact@tartine-et-chocolat.com or by writing to Tartine et Chocolat’s head office: TC RETAIL 6 bis rue Gabriel Laumain 75010 Paris

The complaint must set out the Customer’s claims and facts to justify each of the claims. It must also contain evidence of the facts set out in support of the claims.

Pursuant to Regulation (EU) 524/2013, the company TC RETAIL informs the Customer of the existence of a platform for online dispute resolution between online merchants and consumers. It can be accessed via the following link: http://ec.europa.eu/consumers/odr/

In the event of a court settlement of the dispute, the court having jurisdiction will be appointed in accordance with the rules of jurisdiction enacted by French law.