Terms of sale

Purpose and scope

These general terms of sale govern the distance selling of macarons and confectionery by Ferlion Macarons to consumers, for delivery in mainland France. The terms that apply are those in force on the day of the order.

Seller

Ferlion Macarons, SARL, RCS Libourne 502 527 732
9 rue Guadet, 33330 Saint-Émilion, France
Phone: +33 5 57 24 72 33
Email: contact@macarons-saint-emilion.com

EU VAT number: [VAT number to be specified]

Products

Each product page sets out its essential characteristics: composition, ingredients, allergens, net quantity, price per kilogram and storage conditions. Our macarons are made by hand, so their appearance may vary slightly from one batch to the next. Products are offered while stocks last.

Each product carries a best-before date (“à consommer de préférence avant le”); we take care to ship products whose date leaves you time to enjoy them.

Prices

Prices are shown in euros, including all taxes (French VAT included). Delivery charges are shown before you confirm your order and are added to the price of the products. The price charged is the one displayed when you place your order.

Ordering

You choose your products, check the contents of your basket, its total price and the delivery charges, enter your delivery details, then confirm the order by paying for it. A confirmation email summarising your order is then sent to you.

We reserve the right to refuse an order that is abnormal or placed in bad faith, or where an earlier dispute remains unresolved.

Payment

Payment is made online, securely, through our payment provider Stripe, by:

bank card, including cards on the Cartes Bancaires (CB) network, Visa and Mastercard;
Apple Pay and Google Pay;
PayPal;
Link.

The amount is charged when you confirm your order. We never have access to your bank details, which are handled directly by Stripe.

Delivery

We deliver to mainland France only (excluding Corsica and islands not linked to the mainland [to be confirmed]).

So that your parcel never spends a weekend sitting in a depot, we ship from Monday to Wednesday only. An order placed after Wednesday leaves the following Monday. Delivery usually takes one to two working days after dispatch, by Chronopost (Chronofresh), La Poste group’s express delivery service for food.

Delivery times are given as a guide. Under article L216-1 of the Code de la consommation (French Consumer Code), unless otherwise stated, delivery takes place no later than thirty days after the order. If delivery is late, you can contact us; if it has not taken place within a reasonable additional period that you have set us, you may terminate the sale under the conditions of articles L216-6 et seq.

Receipt and damaged parcels

When your parcel arrives, check its condition. If it is damaged, or its contents are damaged or incomplete, let us know within 48 hours of delivery [to be confirmed], by email to contact@macarons-saint-emilion.com, with your order number and photos of the parcel and the products. We will offer to send your order again or refund you.

This time limit is only there so that we can act quickly with the carrier: it in no way limits your legal guarantees described below.

Right of withdrawal

[to be confirmed with the lawyer — choose one of the two options]

Option A — exclusion for perishable goods. Under article L221-28, 4° of the Code de la consommation (French Consumer Code), the right of withdrawal cannot be exercised for goods liable to deteriorate or expire rapidly. Our macarons, made by hand, fall into this category: they can be neither taken back nor exchanged, except in the case of a lack of conformity.

Option B — 14-day withdrawal for products with a best-before date. As our products carrying a best-before date (date de durabilité minimale, DDM) do not fall under the exclusion for perishable goods, you have 14 days from receiving them to withdraw, without having to give any reason, by sending us an unambiguous statement (for example by email) or the model withdrawal form [form to be attached]. The products must be returned to us unopened within 14 days of your statement; return costs are at your expense. We will refund you, including the original delivery charges, within 14 days of receiving your statement; the refund may be withheld until we have received the products or proof that they have been sent back.

Legal guarantees

Independently of any commercial gesture, you benefit from the following legal guarantees.

Legal guarantee of conformity

Under articles L217-3 et seq. of the Code de la consommation (French Consumer Code), we are liable for any lack of conformity existing when the goods are delivered and appearing within two years of delivery. You can have the goods brought into conformity (replacement) or, failing that, obtain a price reduction or the termination of the sale. You do not have to prove that the defect exists if it appears within this period.

Guarantee against hidden defects

Under articles 1641 et seq. of the Code civil (French Civil Code), you can take action for hidden defects in the goods sold within two years of discovering them, and choose between the termination of the sale and a price reduction.

Customer service and mediation

For any question or complaint, email us at contact@macarons-saint-emilion.com or use our contact form. We aim to reply within two working days.

If a dispute could not be resolved after a written complaint to us, you can refer it free of charge to the consumer mediator (médiateur de la consommation, articles L611-1 et seq. of the Code de la consommation): [mediator to be appointed].

Personal data

The data collected when you order is needed to process your order. How it is used and your rights are described in our privacy policy.

Governing law

These terms are governed by French law. In the event of a dispute, and failing an amicable settlement or mediation, the French courts have jurisdiction; you may bring proceedings before the court of the place where you lived at the time of the order or of the event that caused the damage.