Legal notices and T&Cs
1. Legal Notices
SAS CRUSH CAKE
SIRET 91793113100010
106 rue Jean Pierre Timbaud 75011 Paris
For any suggestions or information regarding the website you can write to: contact@crushcake.fr
2. Purpose
2.1. These General Terms and Conditions of Sale (hereinafter "GTC"), define the terms and conditions under which any person (hereinafter "the Customer") orders and purchases the products and goods sold by the company CRUSH CAKE within the framework of a distance selling system on the Internet, for goods defined in the sales catalog of the website https://crush-cake.com
3. Application of the General Conditions of Sale
3.1 . These General Terms and Conditions are brought to the attention of the Customer to enable them to place an order.
3.2. Completing an order on the Site and confirming the order constitutes full and complete acceptance by the Customer of these General Terms and Conditions.
3.3. CRUSH CAKE reserves the right to modify these T&Cs in whole or in part and at any time.
4. Characteristics of the goods offered
4.1. Each product appearing on the Site is presented accompanied by a photograph and a description established by CRUSH CAKE. The descriptions are intended to present to the Customer the essential characteristics of the products before the final order is taken and cannot in any way engage the responsibility of CRUSH CAKE. The photographs of the products are provided for information purposes only and are not contractual.
4.2. The products offered appear on the Site within the limits of available stocks and subject to the proper functioning of the Site.
5. Taking, confirming and modifying orders
5.1. Orders
To place an order, the Customer undertakes to fill in the elements constituting his order with precision and rigor. He undertakes to fully fill in the various sections necessary for the proper processing of his order:
- Product selection and quantity
- Personalized message chosen
- Payment method
- Valid phone number
CRUSH CAKE will confirm the order directly on the Site following payment and by email, to the email address indicated by the Customer. If the Customer does not receive confirmation, he is required to ensure that his order has been taken into account or not by contacting customer service: contact@crushcake.fr on the same day of his order.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
In the event of an error in the wording of the Customer's contact details, the Seller may not be held responsible for the impossibility of delivering to the recipient.
CRUSH CAKE reserves the right to refuse an order in the event of the Customer's failure to meet one of its obligations, and more generally to refuse any order that is abnormal or incomplete for any reason whatsoever. The order is only final after confirmation by CRUSH CAKE. The latter will confirm to the customer the acceptance of his order by email or, where applicable, its refusal within 48 working hours following the entry of his order on the Internet.
5.3. Modify an order
CRUSH CAKE may only modify the content of the Customer's order in the event of a lack of Stock. In this case, and in this case only, the customer will be offered one or more products of equivalent value or a credit note only for the missing products. No refund will be possible.
Any order placed cannot be cancelled or modified. For any questions, the Customer may contact Customer Service.
Any workshop reservation (WORKSHOP) cannot be refunded in the event of your being unable to attend unless you give at least one week's notice.
Customer Service can be reached via the email address contact@crushcake.fr
5.4. Prices
The prices indicated on the Site are in Euros including tax, ex CRUSH CAKE.
The VAT included is the French VAT applicable on the day of the order. If the VAT rate were to be modified, these changes could be reflected in the price of the items without the Customer being informed in advance.
However, prices cannot be modified once the order has been confirmed.
Shipping costs include the cost of quality packaging provided by CRUSH CAKE. Delivery costs are charged in addition to the price of the goods. Delivery rates depend on the chosen delivery method as well as the geographical area, weight and volume of the package.
6. Payment methods
6.1. Payment for products is made by VISA, MASTERCARD or AMERICAN EXPRESS card online, from the Site, via the secure payment system of CRUSH CAKE's banking establishment. Validation of payment by bank card is immediate.
6.2. To be registered, the order must be paid in full. Unpaid orders will not be processed.
6.3. Furthermore, CRUSH CAKE reserves the right to suspend any order or delivery in the event of refusal of payment authorization by financial institutions.
7. Proof
7.1. CRUSH CAKE, via its host, stores purchase orders and invoices in its computer system and under reasonable security conditions.
7.2. Consequently, the computerized records of our host constitute a reliable and durable medium that can be produced as proof.
8. Out of stock
8.1. CRUSH CAKE products are handcrafted by our pastry chefs and available in limited quantities.
8.2. The products sold on the Site are offered within the limits of available stocks. A product that becomes unavailable will be removed from the catalog as soon as possible. However, a processing time will be necessary for this update, which may generate a Product status error.
8.3. In this case, CRUSH CAKE will contact the Customer by telephone or e-mail in order to agree with him to postpone the delivery while waiting for the restocking of this product.
9. Right of withdrawal
9.1. In accordance with current legislation, article L221-28 of the Consumer Code, the right of withdrawal does not apply to contracts relating to:
- the supply of fresh products,
- products likely to deteriorate or expire quickly such as those offered by the Site.
Also excluded from any claim are any goods received or previously opened by the Customer after delivery, which cannot be returned for reasons of hygiene or health protection.
9.2. For other products, the Customer has a period of seven (7) days from receipt of the product to exercise his right of withdrawal from CRUSH CAKE, without having to provide reasons or pay a penalty, for the purpose of exchange (subject to availability) with a product similar in quality and price.
The right of withdrawal must be exercised on plain paper and sent by post to Customer Services.
9.3. The products must be returned within seven (7) days following notification of the Customer's withdrawal to CRUSH CAKE accompanied by the purchase invoice in their original packaging and in perfect condition allowing them to be marketed as new. Damaged, soiled or incomplete products will not be taken back, exchanged or refunded.
9.4. Mail and returns must be sent to the following address: SAS CRUSH CAKE 106 rue Jean Pierre Timbaud 75011 Paris.
9.5. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the products purchased will be refunded, the return costs remaining the responsibility of the Customer.
10. Pick-up in store
10.1. In-store collection
The Customer agrees to collect their order from the CRUSH CAKE store located at 106 rue Jean-Pierre Timbaud 75011 Paris.
As the products are perishable, CRUSH CAKE will not be able to keep an order that has been forgotten by the Customer for more than two days.
In the event of non-presentation on the chosen collection day, the Customer will not be entitled to any reimbursement.
11. Complaints and reimbursement
11.1. The Customer must ensure that his order is compliant upon collection. Given the perishable nature of the products, any claim must be made within 48 hours of receipt to be taken into account.
11.2. Complaints must be made by email to contact@crushcake.fr
12. Product Warranty
12.1. CRUSH CAKE guarantees to the Customer that the products are manufactured and packaged according to strict quality rules and stored in accordance with the standards in force in France.
12.2. With regard to perishable products, CRUSH CAKE shall not be held liable in the event of the Customer's failure to comply with the optimum storage conditions and/or instructions, or if the Customer has consumed products beyond the indicated shelf life; in any event, for all Products sold, CRUSH CAKE shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
13. Transfer of ownership and transfer of risk
13.1. The transfer of ownership of CRUSH CAKE Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
13.2. It is the Customer's responsibility to check the products upon receipt and to make any reservations that appear justified or to refuse the product if it is likely to have been opened or if it shows signs of deterioration and to immediately inform CRUSH CAKE in the event of a problem by email to the address contact@crushcake.fr
13.3. Once the product has been received and validated by the customer, CRUSH CAKE is in no way responsible for any deterioration of the Product during transport.
14. Intellectual Property
14.1. All elements of the Site (brand, logos, photographs, texts, illustrations, etc.) are and remain the exclusive intellectual property of CRUSH CAKE.
14.2. Thus, the reproduction, representation, exploitation or use for any purpose whatsoever, even partially, of the elements of the Site and the Mobile Application are subject to the express and prior authorization of CRUSH CAKE.
15. Protection of personal data
15.1. By ordering via the Site, the Customer agrees that CRUSH CAKE may process personal data concerning him/her to ensure the proper processing of orders. The file containing this information has been declared to the National Commission for Information Technology and Civil Liberties.
15.2. In accordance with the amended “Data Protection” law of 6 January 1978 and the General Data Protection Regulation (hereinafter “GDPR”) No. 2016/679/EU of 27 April 2016, CRUSH CAKE, as data controller, guarantees respect for the privacy of Users of the Site.
15.3. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and delete data concerning him/her. To exercise this right, the Customer may contact CRUSH CAKE at contact@crushcake.fr
Requests will be processed within a maximum of one month.
16. Independence of clauses
16.1. If any of these general conditions should be declared inapplicable or is invalidated for any reason, this invalidity will not affect the application or validity of the other provisions of the general conditions, those invalidated or deemed inapplicable being then replaced by the closest possible provision.
17. Force majeure
17.1. CRUSH CAKE shall not incur any liability when the non-performance of its obligations is caused by the occurrence of unforeseeable circumstances or by an event of force majeure delaying or preventing either the processing or the shipment of the Order. An event of force majeure shall mean any fact preventing the total or partial execution of the contract which could not be overcome despite reasonable diligence on the part of the seller or its substitutes.
17.2. In this respect, force majeure means any unforeseeable and irresistible external event within the meaning of Article 1148 of the Civil Code. The following events, such as atmospheric disasters and natural cataclysms, social conflicts, shortages of specialized labor or raw materials, major incidents affecting the production of suppliers or subcontractors, accidents, fires, explosions, action or failure of public services or public authorities, acts of war, sabotage, embargo, insurrection, riot, various disturbances of public order, interruptions or delays in transport, computer breakdowns, technical problems, restrictions on the use of energy as well as all events beyond our control which cannot be attributed to us and which have the consequence of delaying or preventing the execution of the contract, will be considered as cases of force majeure.
18. Applicable law
18.1. These general conditions are governed exclusively by French law. The Commercial Court of Paris shall have sole jurisdiction for any dispute or difference concerning them.
18.2. These general conditions are governed exclusively by French law. The language of this contract is French. In the event of translation, only the French version is authentic.
18.3. Any dispute will be subject to the jurisdiction of the Paris Commercial Court once amicable avenues have been exhausted.
18.4. The liability of the company CRUSH CAKE cannot be incurred in the event of non-compliance with the regulations of a foreign country where the products marketed on this site are delivered.