Please read these general terms and conditions of sale (the "GTCS") carefully before placing any order on the www.lameredefamille.com website (the "Website").
Article 1 - Scope, acceptance and amendment of the GTCS
1.01 These GTCS define the terms and conditions under which each customer ("you" or the "Customer") places an order and purchases the products offered for sale by À la Mère de Famille on the Website.
1.02 As an online shop, you acknowledge and agree that your full acceptance of the contractual documents does not require the handwritten signature of the GTCS but is materialised by you ticking the box provided for this purpose. By ticking the acceptance box, you confirm your acceptance of all documents containing the contractual commitments of the parties, namely: (i) the legal notices, (ii) the GTCS and their annexes and (iii) the Orders (the "Contract").
1.03 The Contract shall come into effect from the time you have ticked the box indicating your acceptance and shall apply to the Order concerned.
1.04 If you do not want to be bound by all or part of the Contract, please do not tick the acceptance box and do not place an order on the Website.
1.05 No other general or special conditions appearing in documents issued by the Customer shall prevail over the GTCS.
1.06 You have the option of saving and/or printing all or part of the Contract.
1.07 We reserve the right, at any time and at our sole discretion, to change, amend, supplement or delete certain provisions of the GTCS and legal notices. You should therefore regularly consult the GTCS and legal notices to be informed of any changes made to them. All changes will be posted on the Website; in the event of substantial changes, we will inform you by any means. Any placing of a new Order shall be deemed as full acceptance of the GTCS and amended legal notices.
Article 2 - Order and Order confirmation
2.01 Description of Products and prices
Details of the products offered for sale on the Website (including their price and information relating to shelf life dates) (the "Products") are indicated in the Website store (the "Store"). We make every effort to ensure that all the details (including ingredients and net quantity), descriptions and prices of the Products displayed in the Store are accurate.
However, despite our best efforts, we may need to change the information published on the Website at the time you place your Order.
The prices of Products are indicated inclusive of all taxes (incl. tax). In the event of a change to the taxes applicable to Products, we reserve the right to apply any changes directly to our Products.
No Order placed by you and accepted by À la Mère de Famille can be changed.
2.02 Order eligibility criteria
You may place an order for Products in the Store, for delivery in metropolitan France and Europe (the list of countries concerned is included in Article 5.01), for personal use of Products, by you or by the recipient(s) you have designated for this purpose (an "Order" or "Ordering"). Any commercial use of all or part of the Products is prohibited.
2.03 Ordering Products and entering into the sales contract
In order to place an Order, you have to visit the Store.
The Order process includes 5 steps: the Cart's contents, the registering of personal information, the approval of delivery terms, and the payment and confirmation of the Order.
The Cart: You will then be able to select (i) the Product family and then (ii) the Product(s) of interest to you. You will then specify the quantity of Products you want to Order. The selected Products will be placed in your shopping cart if you click on "Add to cart" ("My Cart").
At any time, you can click on "My Cart" to display the page summarising your Cart which allows you to change quantities and/or delete Products.
You can also enter any advantage code you may have.
The Order amount excluding shipping costs is shown on this page.
If all this information is acceptable to you, you can click on "Confirm and continue" to continue with your Order.
The registering of personal information: You will then be asked to identify yourself either by entering your existing account information or by creating an account. When you create an account on the Website, you have to provide personal information (title, email address, password, first name, last name, delivery address/billing address). You can consult the terms and conditions for processing your personal data by À la Mère de Famille by reading the Data Protection Policy. You can save this personal information after you have checked its correctness and then continue with your Order.
Delivery: You are then asked to (i) select your preferred delivery method and (ii) confirm your delivery and billing addresses. You will also be able to (i) fill in any specific information relating to the delivery of your Order and/or (ii) add a message if it is a gift. The Order total amount including shipping costs is shown at the bottom of the page. If you agree with all this, you can confirm your acceptance and issue the Order by clicking on "Confirm and Continue".
Payment: You have reached the end of your Order. This page will summarize the Products selected in your Shopping Cart, as well as their quantity, and will specify the applicable VAT, shipping costs and the Order final total amount ("Order summary").
You will still be able to check and correct/change your Order.
You will then be asked to select the payment method.
The final confirmation of your Order also requires the explicit acceptance of the GTCS which may be printed out at any time.
If you confirm that you agree with both the Order Summary and the entire GTCS, you can pay for your Order by clicking on "Pay". À la Mère de Famille uses a secure payment protocol to ensure the confidentiality and security of the information provided during the banking transaction. If the credit card issuer refuses payment authorization, your Order will not be accepted.
Confirmation: You will then be provided with the receipt that includes the Order number which will also be sent to you in the automatic confirmation email that À la Mère de Famille will send you to confirm that your Order has been received ("Order Confirmation"). However, this email does not confirm the availability of Products. If Products are unavailable, À la Mère de Famille will send you another email to inform you of the unavailability of some or all the Products and will send you a new Order Confirmation which supersedes the previous Order Confirmation. You will then have a period of [twenty-four (24) hours] to opt to have the unavailable Products refunded or replaced by other Products of the same price. If you do not reply within the aforementioned period, À la Mère de Famille will refund you the price of the unavailable Products.
A sales contract for the Products listed in the Order Confirmation is entered into between you and À la Mère de Famille as soon as we send you the said Order Confirmation.
2.04 Order cancellation
À la Mère de Famille reserves the right to refuse your Order, at its sole discretion, in the following cases in particular:
(a) if the Product you have ordered is out of stock or no longer available,
(b) if your credit card issuer refuses to authorize payment of the purchase price,
(c) if you do not meet the above eligibility criteria for Ordering Products,
(d) if you do not fulfil all or some of your obligations,
(e) in the event of incorrect or incomplete delivery information,
(f) if your order is abnormal for any reason whatsoever.
2.05 Order Change
You can contact À la Mère de Famille to change your Order by email firstname.lastname@example.org or by phone on +33 (0)1 47 70 83 69, until it is shipped by À la Mère de Famille.
Article 3 - Transfer of ownership and risks
3.01 The ownership of Products to the Customer shall be transferred upon full payment of the Order price.
3.02 À la Mère de Famille shall insure against the risk of loss and deterioration of Products until they are delivered to the Customer or the recipient indicated by the latter. Risks are thus transferred at the time the Customer or the recipient acknowledges receipt of Products by signing the carrier's delivery slip (Chronopost or courier) and/or picking up the Order from the À la Mère de Famille store selected when the Order was placed.
Article 4 - Terms and conditions for delivering Products
4.01 General provisions
Products are delivered to the delivery address indicated by you at the time you placed your Order. Deliveries shall only made in metropolitan France, Corsica and the following European countries: Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Switzerland and the Czech Republic.
Orders indicating an address with a PO box alone shall not be considered.
Any Order delivered outside France may be subject to mandatory customs duties and taxes on delivery which shall be exclusively borne by the Customer. À la Mère de Famille is not required to check and inform the Customer of any applicable customs duties and taxes. For information about them, À la Mère de Famille advises the Customer to contact the competent authorities in their country.
4.02 Delivery lead times
À la Mère de Famille does not deliver on Saturdays and Sundays. Any Order placed between Friday afternoon and Sunday evening shall be processed on the following Monday.
4.03 If the recipient is absent on delivery: (i) if you have opted for delivery by Chronopost, the deliverer will deposit a delivery notice at the delivery address you indicated when you placed the Order, asking you either to pick up the Order at a place indicated on the delivery notice or reschedule a delivery at your own expense, within twenty-four hours [from the first delivery attempt] or (ii) if you have opted for delivery by courier, you have to reschedule a new delivery at your own expense. À la Mère de Famille shall assume no liability for any possible deterioration in Products due to their late collection from the carrier (Chronopost or courier).
4.04 Importance of delivery data
The correctness of the delivery data (delivery address and any details required for delivery) is essential. Any inaccurate or incorrect delivery address (street/avenue/boulevard number, recipient's name, company's name in the event of delivery to the workplace, code, intercom, etc.) may make delivery by the carrier (Chronopost or courier) impossible.
If the Order cannot be delivered to the recipient due to an incomplete or incorrect delivery address:
(a) À la Mère de Famille reserves the right to contact the recipient directly by phone to obtain from them the missing delivery information and other details required to ensure proper delivery.
(b) the Customer acknowledges that the Products will be returned directly to À la Mère de Famille and that the Order may not be refunded, with any reshipment being at the Customer's own expense.
4.05 Click & collect conditions
When you place an order, you have the option of "click & collect" as a method of delivery.
We offer you the possibility to pick up your order for free in our stores (except Galeries Lafayette Champs-Élysées corner).
If you wish to collect your order in our historic shop at 35 rue du Faubourg Montmartre, orders placed between Friday (from 4 p.m.) and Sunday evening will be available from Monday morning.
If you wish to collect your order in another shop, orders placed between Saturday (from 5 p.m.) and Sunday evening will be available from Monday morning.
You will have 10 working days to pick up your order in the store (unless you want to give us a specific pick-up date). After this time, your order will be canceled.
Article 5 - Description of Products - Information
5.01 The Products presented on the Website comply with the applicable French legislation and the standards applicable in France. If not, the offending Product is removed from the Website as soon as possible.
5.02 Each Product has an information sheet that can be accessed by clicking on the Product's photo. This sheet provides the Product's essential characteristics: its description, weight, contents, photo, price and storage information.
5.03 These indications are provided for information only and are not necessarily exhaustive. No photographs of Products are contractual. À la Mère de Famille accepts no liability for any obvious error between the characteristics of Products and how they are shown on the Website.
5.04 The Products and prices offered by À la Mère de Famille are valid only for as long as they are shown on the Website, within the limits of available stocks. À la Mère de Famille accepts no liability for stock shortages or unavailability of Products sent to the Customer in the Order Confirmation.
5.05 À la Mère de Famille reserves the right to change Products and/or their characteristics at any time without prior notice.
Article 6 - Complaints
6.01 À la Mère de Famille attaches particular importance to customer satisfaction.
6.02 When you receive the package, please ensure that the delivery is in conformity with your Order.
6.03 If the Products you ordered are delivered to you damaged or defective or if the products received do not correspond to the Products listed in the Final Order Confirmation, you can make a complaint by indicating your specific reservations, dated and signed either directly on the delivery slip or, at the latest, within twenty-four (24) hours of receipt of the Order, by contacting our customer service:
6.04 Any request for a refund or exchange must be accompanied by the following items: (i) the request subject (e.g. partial/full refund or exchange), (ii) the reason for the return, (iii) proof of the damage suffered (photographs, shipping letter, etc.), (iv) a copy of the Order Confirmation email indicating the Order reference number, (v) the delivery slip, and (vi) the list of returned Products.
6.05 We draw your attention to the fact that only complaints relating to Products shall be taken into account. No complaints relating to the bags, boxes or packaging of Products or the expiry of shelf-life dates as indicated in the "Storage" tab of product sheets on the Website shall be considered. After analysis and acceptance of the complaint by À la Mère de Famille, you may return the offending Products, together with the delivery documents, under conditions that will then be informed of by À la Mère de Famille once the complaint has been accepted. À la Mère de Famille:
If you are returning Products by post and you are requesting a full refund, please also provide us with receipts indicating the return costs incurred.
NOTE: if you go to a physical À la Mère de Famille store to return and have Products refunded, it is essential to provide proof of payment of the Order.
6.06 For all intents and purposes, we remind you that Products must be stored in accordance with the storage instructions for each Product indicated on the Website.
Article 7 - Prohibitions
7.01 The use of Products for commercial purposes (including the sale of all or some of the Products) or for processing is prohibited.
Article 8 - Right of withdrawal
8.01 In accordance with the terms of Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to contracts relating to the supply of fresh products, which may deteriorate or expire quickly. Most of our Products are therefore not subject to the right of withdrawal.
8.02 However, for our non-fresh Products (such as insulated bags, tote bags, recipe books, etc.), Customers have a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal with À la Mère de Famille, without having to justify any reasons or pay any penalty. They may thus request the exchange (subject to availability) or refund of the Product concerned. If this period expires on a Saturday, Sunday or public holiday or unworked day, it shall be extended to the following working day.
8.03 The right of withdrawal may be exercised on plain paper or by using the withdrawal form attached to these GTCS.
8.04 Products must be returned À la Mère de Famille within fourteen (14) days of notice of the Customer's decision to withdraw, together with the purchase invoice in their original packaging and in proper condition allowing them to be re-sold in new condition. No damaged, soiled or incomplete Products will be taken back.
8.05 Returned products shall be sent to the following address: À la Mère de Famille, 35, rue du Faubourg Montmartre - 75009 Paris.
8.06 In the event of exercising the right of withdrawal under the above terms, only the price of the purchased Product(s) and the delivery costs shall be refunded with the Customer bearing the return costs.
8.07 Products shall be exchanged (subject to availability) or refunded within fourteen (14) days of receipt by À la Mère de Famille of Products returned by the Customer under the conditions of this article.
Article 9 - Guarantee
9.01 À la Mère de Famille guarantees that, on the day of delivery, Products comply with (i) the Order and (ii) applicable regulations in France. À la Mère de Famille thus provides a legal guarantee of conformity and a guarantee against hidden defects in accordance with the following terms.
(a) Legal guarantee of conformity
In accordance with Article L.217-4 et seq. of the Consumer Code, the Customer may, in the event of a nonconforming product, call for it to be repaired or replaced within two years of its delivery.
(b) Guarantee against hidden defects
À la Mère de Famille is also bound by the legal guarantee against hidden defects affecting delivered Products and making them unfit for the use for which they are intended, as provided for in Articles 1641 to 1649 of the Civil Code, subject to the Customer providing proof of the said hidden defect within two years of its discovery.
If the hidden defect guarantee is implemented, the Customer may choose between cancelling the sale or a reduction in the sale price.
9.02 These guarantees may be exercised by contacting the À la Mère de Famille Customer Service at the address indicated in Article 13 below.
Article 10 - Liability
10.01 Each party shall be liable for any direct, foreseeable and proven damages resulting from a failure to fulfil its obligations herein.
10.02 Neither party shall be liable for consequential damages as defined in French case law.
10.03 À la Mère de Famille shall not be held liable for any failure or delay in fulfilling any of its obligations described in the GTCS that may result from force majeure. As such, force majeure refers to any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code as well as any risks related to bad weather (including extreme heat), war, riot, fire, strikes, accidents and the impossibility of being supplied in particular in the event of failure, for whatever reason, of one of its suppliers or delivery services.
Article 11 - Entire agreement
If any of the provisions of these GTCS are to be deemed to be null and void or unenforceable pursuant to any law, regulation or final decision of a competent court, they shall be amended to restore their validity or shall be deemed to be unwritten, but they shall not have the effect of nullifying the other provisions of the GTCS which shall remain in full force and effect.
Article 12 - Applicable law - Competent courts
12.01 These GTCS are governed exclusively by French law.
12.02 If a complaint cannot be resolved amicably by the Parties, and in accordance with Article L.612-1 of the Consumer Code, the Customer may use the Medicys mediation service, of which À la Mère de Famille is a member, free of charge, by contacting it electronically at: https://conso.medicys.fr/. The mediator's service may be consulted for any consumer dispute which cannot be settled.
The Customer can also contact the dispute settlement platform placed online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
If an amicable resolution cannot be reached, any dispute relating to the interpretation of the GTCS, the performance or termination of a sale, or the interpretation, performance or termination of these GTCS shall be submitted to the courts having legal jurisdiction.
Article 13 - Contacting us
13.01 You can contact us at the following addresses:
13.02 You can also reach us by phone on +33 (0)1 47 70 70 83 69.
ANNEX - SAMPLE WITHDRAWAL FORM
(Complete and return this form together with the order number only if you want to exercise your right of withdrawal.)
For the attention of À la Mère de Famille - Customer Service - 35, rue du Faubourg Montmartre 75009 Paris
I hereby inform you of my withdrawal from the contract for the sale of the goods below:
Ordered on ……………..(order date) and/or received on ……………..(delivery date)
Consumer Customer’s name:
Consumer Customer's address:
Consumer Customer's signature (only if this form is submitted as a hardcopy)