Terms of sale

The online shop www.maisonbruyere.fr is released, run and the property of Maison Bruyère. Any order submitted on the online shop www.maisonbruyere.fr implies that to have read and agreed with the present terms of sales. You therefore agree that the content of the present terms of sales do not require a signature from the buyer for the customer (the buyer) intend to buy items displayed on this website.

The customer has the right to save or edit/print the present terms of sales, but the saving or editing/printing of the present terms of sales are under the sole responsibility of the customer. The online shop released by the company Maison Bruyere displays the following information:

– Legal statements allowing a clear identification of Maison Bruyere
– Display of the main characteristics of the items for sale
– identification in Euros of the prices of the items for sale and when applicable, shipping costs
– Displaying of payment and shipping options
– Display of the right of retractation
– Time lapse of special offer or prices
– Display the lead time before shipping

The customer confirms having full legal ability to abide to the present terms of sales.

Article 1: Entirety
The present terms of sales express the obligations of all parties in its entirety. Therefore the customer accept with no reserve all the clauses of the present terms of sales in its entirety. No other terms of sales sent by the customer can be substituted or can replace the present terms of sales, from the moment that these other terms of sales would differ from the present conditions.

Article 2: Object
The object of the present terms of sales is to specify the rights and obligations of all parties as part of the sale transaction of the items sold online by Maison Bruyere on their online shop.

Article 3: Legally binding documents
The present document is made of the following legal documents, displayed by decreasing hierarchical order: the present terms of sales, the order form. In case of contradiction among the content of the mentioned documents, the content of the superior hierarchical document will prevail.

Article 4: Coming into effect – duration
The present terms of sales are valid from the day of payment validation for the order. The present conditions are valid through the amount of time necessary to treat the order entirely, and until extinction of the guarantees owed by Maison Bruyere.

Article 5: Electronic signature
Payment validation for the order by the customer stands for an electronic signature, which has the same values among the parties as a written signature.

Article 6: Order confirmation
The legal information will be sent via en email confirmation, at the latest upon order shipping.

Article 7: Proof of sale
The computer saved data by Maison Bruyere will be kept reasonably safe and will be considered as the proof of communication, order and payment between all parties. The storage of order forms and invoices is done on a reliable and durable medium that can be used as proof.

Article 8: Product information
8-a : Maison Bruyère displays on its website and online shop items for sale with necessary characteristics  that abide to Article L 111-1, L112-1 à L112-3, L221-5 of the French Consumption Code (Code de la Consommation), which offers the possibility for the potential buyer to know the main characteristic of the products before buying any.
8-b : Offers and products displayed by Maison Bruyere are only available until stock runs out.

Article 9: Prices
Prices are in euros (€) with taxes included. Prices are valid the day the customer confirm and pay the order. Prices of the items do not include shipping fees which will be added before payment. Prices include VAT at the rate that is applicable the day of the order; any rate change will be automatically input on the selling prices of the items for sale on the online shop. Payment must be made in full for the entire order. The payment can never be considered as an advance on the amount to be paid.
Upon the current terms of sales, the prices per kilo for all products (VAT included) is as follow : Almond lemon cookies from 26.10€ to 56€ ; Almond crisps from 28€ to 56€ ; Salted caramel crisps from 28€ to 40€ ; Hazelnut crisps from 56€ ; Violet Crisps from 30€ to 46.70€ ; Hazelnut cookies from 18.90€ to 46.60€ ; Hazelnut cookies with cacao nibs from 46.60€ ; Rolled wafers from 16€ to 22.90€ Butter cake baked on a spit from 32.10€ to 36.40€ ; Chocolate biscuits from 30.90€ to 46.60€ ; Lemon melts from 25€ to 46.60€ ; Caramel almond melts from 30.90€ to 46.60€ ; Cinnamon orange melts from 30.90€ to 46.60€ ; Curry almonds 24.40€ ; Crackers with curry and flax seeds 36.30€ ; Crackers with Herbs and hot pepper from 36.30€ ; Hazelnut dipped in raspberry vinegar from 24.40€; Apricot macaroons from 42.50€ to 56€.

Article 10: Payment means
To pay for the order the customer may choose among the offered payment means at the Payment section. The customer guarantees to Maison Bruyere that he or she possesses full legal right and all necessary authorization to use the chosen payment method to complete order payment. Maison Bruyere has the right to cancel or delay any order or delivery if payment was not authorized by the accredited financial establishment, or if the payment was not successfully completed. Maison Bruyere has the right to cancel or delay an order of a customer who is already in a situation with a litigious payment for a previous purchase on the online shop of Maison Bruyere.

Article 11: Product availability
Order will be sent at the latest 4 working days after reception of payment. If a product is unavailable the customer will be informed as soon as possible and will have the option to cancel the unavailable product (partial refund), modify or cancel the order (modification of the total to be paid or refund).

Article 12: Delivery options
The order will be delivered at the address written in the field « delivery address ». It is possible to deliver to an address different than the billing address when you tick the box “ship to a different address” and write the new delivery address.
The customer is asked to verify integrity of the parcel upon delivery and notify the delivery company and Maison Bruyere within a week in case of damages to the package. We offer several shipping options :

Pick up at the factory
Pick up your order at the factory is free. It is possible during opening hours, Mondays to Fridays from 9am to 5:30pm (except holidays).
You will receive an email to inform you that the order is ready for collection. The email is usually sent shortly after payment reception (One or two working days). Please reply by email to let us know which day you would like to pick up your order.
Le retrait à la biscuiterie est possible pour les commandes dont l’adresse de livraison se situe dans le département du Tarn (81), ou dans les départements limitrophes : Ariège (09), Aude (11), Aveyron (12), Haute-Garonne (31), Hérault (34), Lot (46), Tarn-et-Garonne (82).

In-store pick up
You may choose to receive your order at an in-store pick up location if you reside in metropolitan France. You can chose among 5000 in-store pick up locations part of the Relais Pickup network. This delivery option allows a fatsre and cheaper option with greater flexibility.
You will receive an email to inform you about the day we give your package to our shipping partner DPD. They will then notify you when your package is available at the pick-up store. You chose.

Home delivery
Delivery to metropolitan France
Any order to be delivered in metropolitan France will be sent through our logistic partner DPD, part of the LaPoste group. This service allows you to have home delivery within a 3 hour slot time.
You will receive an email to inform you about the day we give your package to our shipping partner DPD. You will then have the option to choose by email or text message on your mobile a delivery day and a delivery slot time.

Delivery beyond metropolitan France
Any order to be delivered outside of metropolitan France will be shipped by the Colissimo service from LaPoste.
You will receive an email to inform you about the day we give your package to our shipping partner.

Article 13: Delivery issue related to our logistic partner
Any issue related to the delivery of your order (damage, missing package, broken, etc.) will have to be mentioned on the delivery slip given to you by the logistic company. You must clearly state nature of damages as well as details. The buyer or recipient must report this information within two days after delivery to Maison Bruyere by email at contact@maisonbruyere.fr.
13-a: The buyer will have to inform Maison Bruyere within one working day of any missing item or non-conformity within the package (discrepancy with the document, item quantity, etc.). Any claim made beyond one working day will be rejected.
13-b: The claim made to Maison Bruyere may be sent by email at qualite@maisonbruyere.fr or via the contact form on our website, or by phone (9am to 5pm Mondays to Fridays). Please indicate your order number.
13-c: Maison Bruyere will process the claim upon reception and will provide a specific reply quickly.
13-d: In case there is a mistake in the item that was delivered, the buyer should send Maison Bruyere a picture of the product and batch number. Do not send back products to Maison Bruyere, they would not be accepted. Upon reception of the picture, Maison Bruyere will ship a new package free of charge with the correct items.
13-e: In case of the wrong item is sent to you, please send us a picture of the packaging and/or the batch number. Maison Bruyere does not accept product return. Upon reception of your request, we will gladly ship the item you ordered in the first place.

Article 14: Right to withdraw
The buyer may withdraw within 24 hours following order payment.

Article 15: Force majeure

No party will have failed to execute their legal as long as their execution will have been delayed or made impossible in case of force majeure. Any unforeseeable, unavoidable, irresistible, or unpredictable circumstance that can not be anticipated by the parties and that is beyond any of the parties’ control, will be considered a force majeure. The party that are being impacted by such a situation will have to inform the other party within ten days after being knowledgeable about the fact. Both parties will then gather within a month except if impossibility due to force majeure, to examine the impact of the situation and find an agreement to pursue the conditions of the contract. If the force majeure situation lasts longer than 3 months the current terms of sales may be canceled by the most damaged party. Beyond the usual force majeure situations considered by the Court, the following situations will be expressly considered as force majeure : transportation or supply blockage,  earthquake, fires, storms/hurricanes, floodings, thunder, telecommunication network stoppage, or any problems related to telecommunication network beyond the parties’ control.

Article 16: Partial non validation
If one or more section of the present terms of sales are considered non valid by a law or upon the final decision of a valid jurisdiction or by a specific regulation, the other section of the terms of sales will remain valid.

Article 17: Lack of renunciation
If a party does not stake its claim in case of a failure in the other party’s obligations, this can not be assimilated to a renunciation of the obligation in question.

Article 18: Title
In case of misunderstanding of one of the titles of the articles in the current terms of sales, the titles will be declared non existant.

Article 19: Applicable law
The current terms of sales are subject to French laws in both substance and form. In case of claim or litigious situation, the buyer will first contact Maison Bruyere to agree on an amicable settlement. In a second solution only the court of Albi (Tarn, France) will be competent.

Article 20: Data protection Act
Data collected from the buyer are necessary for treating the order and will not be shared to any other business or another party, and will not be used for marketing and sale purposes.