Application and acceptance of the General Terms and Conditions of Sale

These general terms and conditions of sale ("GTCS") apply, without limitation or qualification, to all distance sales concluded by Financier Patisserie, whose head office is situated at93 Pearl St, New York, NY 10004 (the "Seller" or "FINANCIER PATISSERIE") to any non-professional consumer or buyer (the "Customer" or "You") who wishes to purchase the products offered for sale (the "Products") by the Seller on the www.financierpatisserie.com website (the "Website"). They particularly specify the terms of order, payment, delivery and management of any refunds of Products ordered by the Customer on the Website.

"Customer" is defined exclusively as any natural person aged eighteen (18) or over acting as a consumer, who agrees to complete the mandatory fields to register his order and has a delivery address situated in one of the zones covered by the Seller, such as set out in Article 5 of these GTCS. Therefore, these GTCS do not apply to legal entities acting for professional purposes, nor to natural persons placing an order for the needs of their business activity. It is strictly forbidden to resell Products purchased on the Website.

The GTCS can be accessed at any time on the Website. Since the GTCS may be subject to subsequent changes, the version applicable to the Customer's purchase is that in effect on the Website on the date the order is placed. This version will prevail over any other version or any other conflicting document. Therefore, FINANCIER PATISSERIE invites Customers to carefully read the GTCS in effect each time they place a new order.

Any validation of an order by the Customer implies full acceptance of these GTCS and the special terms and conditions of his order (products, quantities, price, delivery method and periods, etc). The Customer declares to have read and accepted them by ticking the box provided for this purpose before validating the order.

Products

Product Quality

FINANCIER PATISSERIE takes great care to ensure the quality of the Products offered for sale on the Website. The Products are stored in optimum conditions and are prepared and packaged according to strict quality regulations.

Specific Conditions relating to Macaroons

To enjoy at their best, FINANCIER PATISSERIE macaroons should be kept in a cool, dark place for no longer than four days from the day of purchase of the box of macaroons, whose date is shown on a leaflet issued with the said box of macaroons. Do not freeze the macaroons.

Allergy Warning

The food Products sold on the Website contain certain allergens specified for each Product in the "Allergies" section. You can also contact our consumer service at the following address: info@nycpastry.com.

Product Availability

FINANCIER PATISSERIE reserves the right to change its offer and its range of Products at any time. FINANCIER PATISSERIE agrees to honour orders received on the Website only within the limit of stocks available. Exceptionally, a Product shown as available on the Website could be unavailable after final registration of the order. If the Product is unavailable, FINANCIER PATISSERIE will inform the Customer by email that his order has been cancelled and will reimburse the Customer within a period of five (5) business days, unless the Customer expressly wishes to change his order to a replacement Product recommended by FINANCIER PATISSERIE.

Orders

Account Creation

To place an order, You must have opened a customer account on the Website, which requires entering personal data. You confirm that the information provided to FINANCIER PATISSERIE is genuine, accurate and up-to-date. You can update and correct your data at any time in your customer account. All information provided by the Customer remains under his sole responsibility and any anomalies generated by the Customer cannot be attributed to FINANCIER PATISSERIE in the event that it becomes impossible to proceed with the order or to ensure a positive result. You must choose a login and a password to access your account, which You must not give to anyone else. FINANCIER PATISSERIE will not be liable for any loss or damage that occurs due to failure to protect your login or password. If You have forgotten your password, a functionality on the Website allows you to recover it using your email address.

Order Registration

The order is registered in the following way: - The Products are selected by putting them in the basket; - The delivery or pick up method is selected; - The content of the basket is validated; - The Customer is identified by creating or connecting to his customer account; - Information on the delivery is provided (method, delivery costs and periods); - Information on billing is provided; - The delivery terms are confirmed; - The order is checked and validated and the GTCS are accepted by ticking the box provided for this effect; - Information is given and the payment is validated. At each stage of the process of entering his order and before its validation, the Customer has the option to correct or change his choices. The information provided by the Customer on placing the order is binding on the Customer: if the Customer makes an error when entering his contact details or those of the recipient or the place of delivery, in particular, his last name, first name, address, telephone number, email address, door code or floor, with the consequence that the Products are lost, the Customer will be liable for payment of the lost Products and no compensation or refund will be granted. Before validating payment of the order, it is therefore the Customer's responsibility to check the accuracy of the order and to make any changes. Validation of the order by the Customer implies acceptance of all of these GTCS. From validation of the order by the Customer, the order is registered automatically. No change will be taken into account by the Seller.

Order Confirmation

FINANCIER PATISSERIE confirms receipt of the Customer's order by email to the address provided by the Customer in order to recap (i) the Products ordered, (ii) the address, (iii) the delivery or pick up date and method, (iv) the means of payment and (v) his order number. Any order placed by the Customer will only be final after receipt by the Customer of the order confirmation and after registration by the bank of the full price of the order, including delivery costs. The distance sales contract between the Customer and FINANCIER PATISSERIE is formed at the time of confirmation of the order by FINANCIER PATISSERIEFINANCIER PATISSERIE reserves the right to cancel or refuse any order from a Customer with whom it is in dispute relating to payment of a previous order or who presents any form of risk in its opinion.

Changing the order

Any change to the order by the Customer after confirmation of the order by FINANCIER PATISSERIE is subject to the prior approval of FINANCIER PATISSERIE.

Order Proof

Confirmation of the order by FINANCIER PATISSERIE, the data registered by the Seller using the Website's automatic registration systems or by its distance sales service, as well as any email exchanged between the Seller and the Customer will be considered as proof of the nature, content and date of the transaction in the event of dispute between the parties and will be kept by the Seller for the required period in light of statutory limitation rules.

Price and terms of payment

Price

The Products are supplied at the rates in effect shown on the Website at the time of registration of the order by the Customer. Prices are expressed in dollars, excluding tax. The costs of processing, shipping, transport and delivery will be billed in addition under the terms stated on the Website and calculated prior to validation of the order. Any additional costs to be added to the price of the Product(s) ordered must be subject to the Customer's express consent. The final price requested from the Customer corresponds to the total amount of the purchase, including these costs. The total price including taxes stated in the order confirmation sent by FINANCIER PATISSERIE is the total price of the order with taxes, including the price of the Products and additional costs, as well as transport costs. The prices displayed on the Website may be revised at any time without notice depending on prices of seasonal products and economic conditions. An invoice is drawn up by the Seller and is available in the customer account under "My account > My orders > Order details > see the invoice".

Payment (secure transactions)

The Customer acknowledges that placing an order inevitably involves payment at the time of the order by debit and credit cards exclusively through a secure payment system. The bank cards accepted for online payment are the following: Visa, MasterCard and American Express. The Customer enters his card number, its expiry date and the cryptogram (composed of three or four figures depending on the card, situated on the back of the bank card) then validates the data or has the option to return to the previous page. If the card is used fraudulently, FINANCIER PATISSERIE's liability cannot be incurred. If there are insufficient funds in the bank account, or the bank refuses payment, the order will automatically be cancelled and the Customer informed by email.


Delivery

Collect your order in our store within twenty four (24) hours

You can choose to pick up your order in our store within twenty four (24) hours after placing your order on our website. We will be able to collect it at any of our locations.

Delivery of orders

Please note that we offer delivery only for following zip codes: 

10001 10002 1000310004 1000510004 10005 10006 1000710008 10009 10010 10011 10012 10013 10014 10016 10017 10019 10018 10022 10036 10038 10048

All orders under $249.99 will be charged a 15% delivery fee
Orders $250.00 and over will be charged a $20.00 flat fee

Receipt

Receipt of the Products occurs when the Customer takes physical possession of the Products (the "Receipt").

The Customer must check the condition of the Products on their Receipt. In the event of missing, lost or damaged goods, the Customer must state his reservations:

· to the Seller if the Products are collected from the Store.

· to the carrier if the Products are delivered by a FINANCIER PATISSERIE employee, specifying the nature and extent of the damage on the delivery slip.

The Customer will confirm the reservations he has made within three (3) days from Receipt, in writing (email or letter) to Customer Service. His complaint must be accompanied by a photograph clearly showing the damage to the Product. After this period, Products delivered will be deemed compliant and free of any defect.

FINANCIER PATISSERIE will refund or replace at its expense Products that are non-compliant or defective.

Transfer of ownership and risks

Ownership of the Products will only be transferred from the Seller to the Customer after registration of payment.

Risks will be transferred on Receipt of the Products. From this date, the Customer will assume full liability for all damage that the Products may suffer or cause. Therefore, the Products travel at the Seller's own risk.

Customer service

The Seller makes every effort to best meet the needs of its customers. However, the Customer may send any complaints to Customer Service:

- by email: info@nycpastry.com

- by telephone:  +1 718-290-1011

- online, by completing the form here.



Cancellation right

The right of withdrawal does not apply to contracts concerning supply of the following Products:

(i) goods prepared according to consumer specifications or clearly personalised: this applies to all orders of custom cakes, pièces montées (wedding cakes), macarons towers, croquembouches

(ii) fresh products such as macaroons and pastries

(iii) goods opened by the Customer after delivery and which cannot be returned for reasons of health or hygiene.

For other Products, in accordance with the regulations in effect, the Customer has thirty (30) days from receipt of the Product to exercise his right of withdrawal with the Seller, without having to give reasons or pay a penalty, in order to receive a refund or exchange.

Products must be returned within thirty (30) days from notification to the Seller of the Customer's decision to withdraw, accompanied by the invoice, in their original packaging and in perfect condition. Damaged, soiled or incomplete Products will not be taken back.

The exchange (subject to availability) or refund will be carried out within thirty (30) days from receipt, by the Seller, of the Products returned by the Customer under the terms of this Article.

Warranty

Products should present the qualities that a buyer may legitimately expect with regard to the public declarations made by the seller or by its representative, in particular in advertising or labelling.

Products should present the characteristics defined by joint agreement between the parties or be suited to any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Guarantee against hidden defects

FINANCIER PATISSERIE is also bound by the guarantee against hidden defects affecting the Products delivered and making them unfit for the use for which they are intended, under the condition that the buyer proves the hidden defect.

If the guarantee against hidden defects is implemented, the Customer can choose between cancelling the sale and a reduction in the sale price.


Intellectual property rights

The content of the Website including, in particular, but not limited to, texts, comments, illustrations, photographs and images, is the exclusive property of FINANCIER PATISSERIE and is protected by intellectual property rights. Any full or partial reproduction of the Website is strictly forbidden, unless authorised in writing beforehand by FINANCIER PATISSERIE. Any infringement of our brands and the integrity of our Products could justify the introduction of civil or criminal proceedings.


Governing law and disputes

These GTCS are subject to New York law. In the event of dispute, an amicable solution will be sought as a priority before any legal action is taken. If an amicable solution cannot be reached, any legal action will be brought before New York court.

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