Terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE
27/10/2021
Article 1 – Purpose
The purpose of these General Terms and Conditions of Sale (hereinafter the ""T&Cs"") is to define the rights and obligations of each party in the context of the sale of products by Prunier to the consumer (hereinafter the ""Buyer""). They apply, without restriction or reservation, to all sales of products offered by Prunier on its website accessible at www.prunier.com (hereinafter the ""Site"").
Consequently, when a Buyer orders a product that is offered for sale on the Site, this implies full and complete acceptance of these T&Cs, which the Buyer acknowledges having read prior to ordering.
Article 2 – Company Identity
Prunier is a simplified joint stock company with capital of 5,406,600 euros, registered in the Paris Trade and Companies Register under number 424 319 846, with its registered office at 16 avenue Victor Hugo - 75016 Paris.
Article 3 – Products
Each product offered on the Site is the subject of an information sheet that can be accessed by clicking on the description or photograph of the product concerned. This information sheet, drawn up on the basis of information supplied by the manufacturer or supplier of the product, presents the essential characteristics of the product selected in accordance with article L.111-1 of the French Consumer Code.
These indications are on exhaustive and intend to inform the Buyer as fully as possible about the essential characteristics of the products. This information is mainly based on the details found on the product packaging, which may be modified by the manufacturer or supplier at any time, sometimes without prior notice. This information may be subject to minor variations and cannot therefore replace the information found on the product packaging. The Buyer is invited to refer to the packaging for definitive information, particularly in the event of food intolerance.
Article 4 - Formation of the contract and placing of orders
4.1 Product availability
The products presented on the Prunier Site are, by their nature, offered for sale while stocks last.
Information on product availability is provided to the Buyer when the order is placed. However on occasion errors or changes may occur.
Should part or all of the order not be available after the order has been placed, the Buyer will be informed of this by e-mail as soon as possible. If necessary, Prunier may offer a similar product in place o the unavailable item or proceed to cancel the order in whole or in part.
If the order is partially or wholly cancelled by Prunier, Customer Services will contact the Buyer. Depending on the case, the undelivered product will be the subject of a credit note or will be reimbursed, at the Buyer's discretion, as soon as possible.
4.2 Pricing
The prices indicated are those in force at the time the Buyer places the order.
Product prices may be modified by Prunier at any time. The Buyer will be notified of any such change before any order is placed.
The prices shown on the Site are in euros and include all French taxes (French VAT and any other taxes that may be applicable). Unless otherwise indicated, these prices do not include shipping costs, which will be added to your invoice along with the products costs. Shipping costs will be indicated before the Buyer places the order. The different methods of dispatch and collection are outlined below in the T&Cs and are specified on the Site; they may be modified at any time by Prunier. Prunier recommends that all Buyers to regularly consult the General Terms and Conditions of Sale on the Site.
4.3 Ordering
To place an order, the Buyer must enter his/her identification details (creating a user account where necessary) and adding the desired products to his/her virtual shopping basket. They must then confirm their order by following the instructions provided on the Site.
The Buyer undertakes to:
- provide accurate and complete information when registering/ordering;
- Notify Prunier of any modifications affecting the information communicated at the time of registration/ordering before the order is dispatched. The Buyer can make changes this information in his/her user account;
- Immediately inform Prunier of any loss or unauthorized use of your user account, identifiers and/or password. Passwords and identifiers are personal and the Buyer undertakes not to divulge these.
Any order implies acceptance of these T&Cs.
The distance selling contract is concluded from the moment the Buyer confirms his/her order by clicking on the ""PAY"" button. The Buyer is deemed to have accepted, with full knowledge of the facts, the content and conditions of the order in question, and in particular these T&Cs, the fact that the order implies an obligation to pay on his/her part, and the price, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.
Once this stage has been validated, the Buyer will no longer be able to cancel his/her order. The sale will be final. The Buyer will receive e-mail confirmation of the order. Another e-mail will inform the customer when the order will be dispatched.
Prunier recommends the Buyer keep these e-mails either in print or online. The Buyer is informed that e-mails are sent to the e-mail address provided by the Buyer at the time of ordering. Prunier cannot be held responsible in the event of an error in entering the e-mail address concerned, or in the event of non-receipt of the order confirmation message. In this case, the sale will be considered definitive, unless Prunier cancels the order, notably due to the unavailability of products.
In the event of non-payment or partial payment of any sum due by the Buyer, a payment incident, or fraud or attempted fraud relating to the use of the Site, even if this refers to previous orders, Prunier reserves the right to pause or cancel any order and/or delivery at any point in the process.
Article 5 – Payment
The Buyer may pay for his/her order on the Site in line with the conditions set out below. The Buyer confirms that he/she has the necessary authorisation to use the method of payment he/she has chosen for his/her order, when the order is placed.
Payment must be made when order is placed.
5.1 Payment methods on the Site
Payment can be made:
- by credit card: the following credit cards are accepted on the Site: Carte Bleue, Visa, American Express, Master Card and JCB;
- bank transfer;
- PayPal: the Buyer may use his/her PayPal account to pay for orders on the Site. Any purchase via PayPal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy;
- Apple Pay or Google Pay: Buyers may use their Apple Pay or Google Pay accounts to pay for their orders on the Site. Any purchase via these means will automatically be subject to the Apple Pay or Google Pay Terms of Use, as well as the Apple and Google Privacy Policy.
5.2 Payment: transaction security
As part of the fight against Internet fraud, information relating to the Buyer's order may be transmitted to any third party authorised by law or designated by Prunier for the sole purpose of verifying the identity of the Buyer, the validity of the order, the method of payment used and the intended delivery.
Following this check, Prunier reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. All Buyers have the right to access, rectify and delete any of their personal data that is processed by Prunier, under the conditions set forth in Prunier's Privacy Policy.
Article 6 – Delivery, receipt and in-store collection
6.1 General rules
Products ordered by the Buyer in accordance with these T&Cs will be delivered exclusively in mainland France and Corsica, to the address indicated by the Buyer as the delivery address at the time of the order in question (""Delivery Address""). Prunier cannot be held responsible in the event of an error in the delivery address.
6.2 Delivery methods
When ordering, the Buyer can choose one of the delivery methods offered by Prunier. The methods, times and prices for each delivery option are indicated on the Site at the time of placing the order.
The delivery times indicated on the Site are indicative times, corresponding to average processing and delivery times. In order for these deadlines to be met, the Buyer must ensure that they have provided accurate and complete information concerning the delivery address (in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
Prunier will keep the Buyer informed of the progress of his/her order.
Prunier cannot be held responsible for the delivery delays where they are not at fault.
For any questions concerning the delivery of an order, the Buyer may contact Customer Services on +33 1 44 17 35 85.
6.3 Receiving your order
When a product is delivered, the Buyer undertakes to check the condition and conformity of the products in relation to his/her order, and declare his/her acceptance by signing the delivery receipt which will be presented to him/her. Any remarks and comments deemed necessary may be made on the receipt.
The Buyer's signature on this delivery note confirms receipt of the order, its contents and the number of associated packages indicated on the delivery note, as well as the good condition of these packages.
6.4 In-store collection
The Buyer may choose to collect the products ordered directly from Prunier in store at the address indicated on the Site.
In this scenario, Prunier will inform the Buyer of the date they will be able to collect the order. The Buyer will need photo ID and a copy of the order confirmation sent by Prunier to collect their items. Prunier reserves the right to cancel the order if appropriate documentation is not shown. The Buyer may also authorise any third party to pick up their items. The third party must then present the order number, the name of the person who placed the order and his or her own photo ID at the pick-up point reception desk.
Where applicable, due to the perishable nature of the products ordered, Prunier may require the Buyer to collect the order before a specific date. The order will be considered delivered on the date indicated and the Buyer will not be able to collect the products after this date. No total or partial refund of an order will be made if the Buyer is late in collecting his/her order.
Article 7 – No withdrawal period
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of perishable goods, which is the case for the products offered by Prunier.
Consequently, the Buyer is hereby informed that he/she may not exercise his/her contractual right of withdrawal in respect of products ordered on the Site.
Article 8 – Disputes
To ensure Buyer satisfaction, all orders are individually examined by Prunier before delivery.
However, if the product is damaged, the Buyer may contact Customer Services on +33 1 44 17 35 85.
The Buyer undertakes to provide Prunier with all relevant information to enable it to assess the merits of the dispute.
Prunier has the choice whether to pursue the claim or not. However, if the claim is justified, the order will be refunded as soon as possible, or a credit note will be issued at the Buyer's discretion.
Article 9 – Guarantees
9.1. Legal guarantees
All products for sale on the Site are covered by the legal guarantee of conformity (as defined in articles L.217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the Buyer to return defective or non-compliant products free of charge.
9.1.1 Legal guarantee of conformity
The French Consumer Code provides for the following legal guarantee of conformity:
Article L.217-4:
« The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made their responsibility by contract or has been carried out under their responsibility. »
Article L.211-5:
« To conform with the contract, the goods must :
1) Be fit for the use ordinarily expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in line with public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.. »
Article L.211-12: :
« Any claim resulting from a lack of conformity shall expire after two years from the date of delivery of the goods ».
9.1.2 Warranty against hidden defects
The French Civil Code provides the following in terms of the guarantee against latent defects::
Article 1641 :
« The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.. »
Article 1648 :
« Any action arising from critical defects must be brought by the purchaser within two years of discovering the defect. As detailed in Article 1642-1, the action must be brought within one year of the date, after that time the seller can no longer be held liable for visible defects or a lack of conformity.. »
In accordance with the legal guarantee against hidden defects, after evaluating the defect and in accordance with the Buyer's decision, Prunier undertakes to:
- either refund the full price of the returned product
- or to reimburse part of the price of the product if the Buyer decides to keep the product.
9.1.3 Exclusion of warranties
Products that have been modified, repaired, integrated or added to by the Buyer are excluded from the warranty. The guarantee will not apply to visible defects. The guarantee will not cover products damaged in transit or as a result of misuse.
9.2 Terms for implementing legal guarantee
To claim under the legal guarantee of conformity, the Buyer:
- has a period of two years from the date of delivery of the product to take action;;
- may choose between repairing or replacing the item, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code;
- is exempt from having to prove the existence of the lack of conformity of the goods during the two-year period.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Buyer may invoke the guarantee against hidden defects in the item sold under Article 1641 of the French Civil Code. If this happens the customer may choose between terminating the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
The Buyer should contact Customer Services for any questions concerning the legal guarantees (see article 13 below).
Article 10 – Retention of title
Prunier retains full ownership of the products sold until full payment has been received.
Article 11 – Intellectual property
The Site and all of its components: texts, articles, newsletters, press releases, presentations, brochures, illustrations, photographs, computer programs, animations, etc., are the exclusive intellectual property of Prunier, excluding any third-party trademarks that may be cited.
Users may not reproduce, display, modify, translate and/or adapt, in whole or in part, any element of the Site, nor reproduce or display such translations, adaptations and modifications, in whole or in part, whether paid or unpaid without the prior written consent of Prunier.
Any unauthorised use of the Site or any of its elements will be deemed an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.
The trademarks and domain names, intellectual property, drawings and models that appear on the Site are the exclusive property of Prunier.
Users are not authorised to create a hypertext link to the Site and/or any page of the Site and/or any file contained therein without the prior and express consent of Prunier. This consent may be revoked at any time by Prunier.
Prunier has no control over sites displaying a hypertext link to the Site and therefore Prunier has no responsibility for access to and the content of these sites.
Prunier is not in a position to check the content of sites visited in this way, and consequently has no liability concerning these sites.
Article 12 – Signature and Proof
Prunier works to protect its customers personal data by ensuring a high level of security, but the Buyer also has a role to play for their own personal data protection. In particular, the Buyer must ensure their online transactions are kept secure, for example by not sharing their username (the Buyer's e-mail address) and/or password with anyone and by regularly changing their password.
Prunier cannot be held responsible for the disclosure of information concerning the Buyer to any individual using their username (Buyer's email address) and/or password. In addition, use of the Buyer's username (e-mail address) and/or password will constitute proof of identity and payment of the corresponding sums upon validation of the order. Prunier may under no circumstances be held responsible for the fraudulent use of this information.
Entering a bank card number (or any other identification element required for payment) and confirming an order shall constitute proof of acceptance of the order and will cause the sums incurred for the order to become due and payable. The digital records stored in Prunier and Prunier partner computer systems will be considered as proof of communication, orders and payments between the Parties.
Article 13 - Customer services
For any further information, Prunier Customer Services can be contacted at the following address: 16 Av. Victor Hugo, 75116 Paris or by telephone on +33 1 44 17 35 85, during the opening hours indicated in the contact us section.
Article 14 – Personal data
Prunier collects personal data from the Buyer and, where applicable, from the order recipient. As a data controller, Prunier considers protecting the personal data it collects as extremely important.
To find out more about Prunier's data protection and cookies policies for all activities on the Site, please consult the Privacy Policy
Article 15 – Liability
15.1 Capacity
Prior to placing an order, the Buyer declares that they have the full legal capacity to enter into a commitment under these T&Cs. Prunier can in no way be held responsible for verifying the legal capacity of its visitors and Buyers. Consequently, if a person who does not have legal capacity orders items on the Site, their legal guardians (parents, guardians, etc.) will assume full responsibility for this order and will be bound to pay for the order.
15.2 Limitation of liability
Prunier shall not be held liable for the obligations of these T&Cs if the non-performance of its obligations can be attributed to a third party (even if it could have been anticipated), a fault by the Buyer, or a force majeure event as defined by the French courts, or any other event that was not reasonably within Prunier's control.
The information on the Site is provided ""AS IS"" without a guarantee of any kind, implicit or explicit, concerning the integrity, accuracy, relevance, non-infringement, availability, reliability or exhaustiveness of the information, products, accessories or services appearing on the Site or their suitability for the use as intended by the Buyer. In particular, given the nature of the products:
- The photographs on the Site are non-contractual;
- Prunier will not be held responsible in case of misuse, negligence or improper storage of the product by the Buyer;
- Prunier cannot be held responsible for any allergic reaction to the products offered for sale. It is therefore the responsibility of the Buyer to find out whether he or she is sensitive to potential allergic reactions to the products.
Prunier accepts no responsibility for direct or indirect damage caused by the use of the Site, even if it could have been anticipated. If Prunier's responsibility is established and accepted for a loss suffered by the Buyer that can be attributed exclusively to the placing of an order, this responsibility is limited to the total order amount the Buyer paid Prunier.
Article 16 – Amendments
Prunier reserves the right to modify and update the T&Cs without prior notice. Prunier recommends that the Buyer, and any user of the Site regularly rereads the Terms and Conditions and Privacy Policy regularly to ensure their knowledge remains up to date. All orders will be subject to the General Terms and Conditions in force at the time of ordering.
Article 17 – General information
17.1 Partial invalidity
If one or more of the stipulations of these T&Cs are found to be invalid or declared as such in by a law, or regulation or following a final decision by a competent court, the other stipulations retain all their force and scope.
17.2 Non-waiver
If one of the Parties does not claim for a breach of the obligations referred to in these T&Cs, it cannot be interpreted in the future as a waiver of the obligation in question.
17.3 Applicable law and jurisdiction
Products sold by Prunier are subject to French law. Any dispute relating to the existence, interpretation, performance or breach of contract between Prunier and the Buyer will, in the absence of amicable agreement, be the exclusive jurisdiction of the competent French courts, even in the event of multiple defendants, in line with rules laid down by the French Civil Code.
These T&CS shall in no way affect the Buyer's consumer rights. Buyers are also free to contact the consumer ombudsman or any other consumer advice organisation.
17.4 Duration
The General Terms and Conditions of Sale apply throughout the period during which the products offered by Prunier are online, until the end of the warranty periods. In any event, the ""liability"" clause will survive the expiry of the T&Cs.
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Terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE
27/10/2021
Article 1 – Purpose
The purpose of these General Terms and Conditions of Sale (hereinafter the ""T&Cs"") is to define the rights and obligations of each party in the context of the sale of products by Prunier to the consumer (hereinafter the ""Buyer""). They apply, without restriction or reservation, to all sales of products offered by Prunier on its website accessible at www.prunier.com (hereinafter the ""Site"").
Consequently, when a Buyer orders a product that is offered for sale on the Site, this implies full and complete acceptance of these T&Cs, which the Buyer acknowledges having read prior to ordering.
Article 2 – Company Identity
Prunier is a simplified joint stock company with capital of 5,406,600 euros, registered in the Paris Trade and Companies Register under number 424 319 846, with its registered office at 16 avenue Victor Hugo - 75016 Paris.
Article 3 – Products
Each product offered on the Site is the subject of an information sheet that can be accessed by clicking on the description or photograph of the product concerned. This information sheet, drawn up on the basis of information supplied by the manufacturer or supplier of the product, presents the essential characteristics of the product selected in accordance with article L.111-1 of the French Consumer Code.
These indications are on exhaustive and intend to inform the Buyer as fully as possible about the essential characteristics of the products. This information is mainly based on the details found on the product packaging, which may be modified by the manufacturer or supplier at any time, sometimes without prior notice. This information may be subject to minor variations and cannot therefore replace the information found on the product packaging. The Buyer is invited to refer to the packaging for definitive information, particularly in the event of food intolerance.
Article 4 - Formation of the contract and placing of orders
4.1 Product availability
The products presented on the Prunier Site are, by their nature, offered for sale while stocks last.
Information on product availability is provided to the Buyer when the order is placed. However on occasion errors or changes may occur.
Should part or all of the order not be available after the order has been placed, the Buyer will be informed of this by e-mail as soon as possible. If necessary, Prunier may offer a similar product in place o the unavailable item or proceed to cancel the order in whole or in part.
If the order is partially or wholly cancelled by Prunier, Customer Services will contact the Buyer. Depending on the case, the undelivered product will be the subject of a credit note or will be reimbursed, at the Buyer's discretion, as soon as possible.
4.2 Pricing
The prices indicated are those in force at the time the Buyer places the order.
Product prices may be modified by Prunier at any time. The Buyer will be notified of any such change before any order is placed.
The prices shown on the Site are in euros and include all French taxes (French VAT and any other taxes that may be applicable). Unless otherwise indicated, these prices do not include shipping costs, which will be added to your invoice along with the products costs. Shipping costs will be indicated before the Buyer places the order. The different methods of dispatch and collection are outlined below in the T&Cs and are specified on the Site; they may be modified at any time by Prunier. Prunier recommends that all Buyers to regularly consult the General Terms and Conditions of Sale on the Site.
4.3 Ordering
To place an order, the Buyer must enter his/her identification details (creating a user account where necessary) and adding the desired products to his/her virtual shopping basket. They must then confirm their order by following the instructions provided on the Site.
The Buyer undertakes to:
- provide accurate and complete information when registering/ordering;
- Notify Prunier of any modifications affecting the information communicated at the time of registration/ordering before the order is dispatched. The Buyer can make changes this information in his/her user account;
- Immediately inform Prunier of any loss or unauthorized use of your user account, identifiers and/or password. Passwords and identifiers are personal and the Buyer undertakes not to divulge these.
Any order implies acceptance of these T&Cs.
The distance selling contract is concluded from the moment the Buyer confirms his/her order by clicking on the ""PAY"" button. The Buyer is deemed to have accepted, with full knowledge of the facts, the content and conditions of the order in question, and in particular these T&Cs, the fact that the order implies an obligation to pay on his/her part, and the price, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.
Once this stage has been validated, the Buyer will no longer be able to cancel his/her order. The sale will be final. The Buyer will receive e-mail confirmation of the order. Another e-mail will inform the customer when the order will be dispatched.
Prunier recommends the Buyer keep these e-mails either in print or online. The Buyer is informed that e-mails are sent to the e-mail address provided by the Buyer at the time of ordering. Prunier cannot be held responsible in the event of an error in entering the e-mail address concerned, or in the event of non-receipt of the order confirmation message. In this case, the sale will be considered definitive, unless Prunier cancels the order, notably due to the unavailability of products.
In the event of non-payment or partial payment of any sum due by the Buyer, a payment incident, or fraud or attempted fraud relating to the use of the Site, even if this refers to previous orders, Prunier reserves the right to pause or cancel any order and/or delivery at any point in the process.
Article 5 – Payment
The Buyer may pay for his/her order on the Site in line with the conditions set out below. The Buyer confirms that he/she has the necessary authorisation to use the method of payment he/she has chosen for his/her order, when the order is placed.
Payment must be made when order is placed.
5.1 Payment methods on the Site
Payment can be made:
- by credit card: the following credit cards are accepted on the Site: Carte Bleue, Visa, American Express, Master Card and JCB;
- bank transfer;
- PayPal: the Buyer may use his/her PayPal account to pay for orders on the Site. Any purchase via PayPal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy;
- Apple Pay or Google Pay: Buyers may use their Apple Pay or Google Pay accounts to pay for their orders on the Site. Any purchase via these means will automatically be subject to the Apple Pay or Google Pay Terms of Use, as well as the Apple and Google Privacy Policy.
5.2 Payment: transaction security
As part of the fight against Internet fraud, information relating to the Buyer's order may be transmitted to any third party authorised by law or designated by Prunier for the sole purpose of verifying the identity of the Buyer, the validity of the order, the method of payment used and the intended delivery.
Following this check, Prunier reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. All Buyers have the right to access, rectify and delete any of their personal data that is processed by Prunier, under the conditions set forth in Prunier's Privacy Policy.
Article 6 – Delivery, receipt and in-store collection
6.1 General rules
Products ordered by the Buyer in accordance with these T&Cs will be delivered exclusively in mainland France and Corsica, to the address indicated by the Buyer as the delivery address at the time of the order in question (""Delivery Address""). Prunier cannot be held responsible in the event of an error in the delivery address.
6.2 Delivery methods
When ordering, the Buyer can choose one of the delivery methods offered by Prunier. The methods, times and prices for each delivery option are indicated on the Site at the time of placing the order.
The delivery times indicated on the Site are indicative times, corresponding to average processing and delivery times. In order for these deadlines to be met, the Buyer must ensure that they have provided accurate and complete information concerning the delivery address (in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
Prunier will keep the Buyer informed of the progress of his/her order.
Prunier cannot be held responsible for the delivery delays where they are not at fault.
For any questions concerning the delivery of an order, the Buyer may contact Customer Services on +33 1 44 17 35 85.
6.3 Receiving your order
When a product is delivered, the Buyer undertakes to check the condition and conformity of the products in relation to his/her order, and declare his/her acceptance by signing the delivery receipt which will be presented to him/her. Any remarks and comments deemed necessary may be made on the receipt.
The Buyer's signature on this delivery note confirms receipt of the order, its contents and the number of associated packages indicated on the delivery note, as well as the good condition of these packages.
6.4 In-store collection
The Buyer may choose to collect the products ordered directly from Prunier in store at the address indicated on the Site.
In this scenario, Prunier will inform the Buyer of the date they will be able to collect the order. The Buyer will need photo ID and a copy of the order confirmation sent by Prunier to collect their items. Prunier reserves the right to cancel the order if appropriate documentation is not shown. The Buyer may also authorise any third party to pick up their items. The third party must then present the order number, the name of the person who placed the order and his or her own photo ID at the pick-up point reception desk.
Where applicable, due to the perishable nature of the products ordered, Prunier may require the Buyer to collect the order before a specific date. The order will be considered delivered on the date indicated and the Buyer will not be able to collect the products after this date. No total or partial refund of an order will be made if the Buyer is late in collecting his/her order.
Article 7 – No withdrawal period
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of perishable goods, which is the case for the products offered by Prunier.
Consequently, the Buyer is hereby informed that he/she may not exercise his/her contractual right of withdrawal in respect of products ordered on the Site.
Article 8 – Disputes
To ensure Buyer satisfaction, all orders are individually examined by Prunier before delivery.
However, if the product is damaged, the Buyer may contact Customer Services on +33 1 44 17 35 85.
The Buyer undertakes to provide Prunier with all relevant information to enable it to assess the merits of the dispute.
Prunier has the choice whether to pursue the claim or not. However, if the claim is justified, the order will be refunded as soon as possible, or a credit note will be issued at the Buyer's discretion.
Article 9 – Guarantees
9.1. Legal guarantees
All products for sale on the Site are covered by the legal guarantee of conformity (as defined in articles L.217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the Buyer to return defective or non-compliant products free of charge.
9.1.1 Legal guarantee of conformity
The French Consumer Code provides for the following legal guarantee of conformity:
Article L.217-4:
« The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made their responsibility by contract or has been carried out under their responsibility. »
Article L.211-5:
« To conform with the contract, the goods must :
1) Be fit for the use ordinarily expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in line with public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.. »
Article L.211-12: :
« Any claim resulting from a lack of conformity shall expire after two years from the date of delivery of the goods ».
9.1.2 Warranty against hidden defects
The French Civil Code provides the following in terms of the guarantee against latent defects::
Article 1641 :
« The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.. »
Article 1648 :
« Any action arising from critical defects must be brought by the purchaser within two years of discovering the defect. As detailed in Article 1642-1, the action must be brought within one year of the date, after that time the seller can no longer be held liable for visible defects or a lack of conformity.. »
In accordance with the legal guarantee against hidden defects, after evaluating the defect and in accordance with the Buyer's decision, Prunier undertakes to:
- either refund the full price of the returned product
- or to reimburse part of the price of the product if the Buyer decides to keep the product.
9.1.3 Exclusion of warranties
Products that have been modified, repaired, integrated or added to by the Buyer are excluded from the warranty. The guarantee will not apply to visible defects. The guarantee will not cover products damaged in transit or as a result of misuse.
9.2 Terms for implementing legal guarantee
To claim under the legal guarantee of conformity, the Buyer:
- has a period of two years from the date of delivery of the product to take action;;
- may choose between repairing or replacing the item, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code;
- is exempt from having to prove the existence of the lack of conformity of the goods during the two-year period.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Buyer may invoke the guarantee against hidden defects in the item sold under Article 1641 of the French Civil Code. If this happens the customer may choose between terminating the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
The Buyer should contact Customer Services for any questions concerning the legal guarantees (see article 13 below).
Article 10 – Retention of title
Prunier retains full ownership of the products sold until full payment has been received.
Article 11 – Intellectual property
The Site and all of its components: texts, articles, newsletters, press releases, presentations, brochures, illustrations, photographs, computer programs, animations, etc., are the exclusive intellectual property of Prunier, excluding any third-party trademarks that may be cited.
Users may not reproduce, display, modify, translate and/or adapt, in whole or in part, any element of the Site, nor reproduce or display such translations, adaptations and modifications, in whole or in part, whether paid or unpaid without the prior written consent of Prunier.
Any unauthorised use of the Site or any of its elements will be deemed an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.
The trademarks and domain names, intellectual property, drawings and models that appear on the Site are the exclusive property of Prunier.
Users are not authorised to create a hypertext link to the Site and/or any page of the Site and/or any file contained therein without the prior and express consent of Prunier. This consent may be revoked at any time by Prunier.
Prunier has no control over sites displaying a hypertext link to the Site and therefore Prunier has no responsibility for access to and the content of these sites.
Prunier is not in a position to check the content of sites visited in this way, and consequently has no liability concerning these sites.
Article 12 – Signature and Proof
Prunier works to protect its customers personal data by ensuring a high level of security, but the Buyer also has a role to play for their own personal data protection. In particular, the Buyer must ensure their online transactions are kept secure, for example by not sharing their username (the Buyer's e-mail address) and/or password with anyone and by regularly changing their password.
Prunier cannot be held responsible for the disclosure of information concerning the Buyer to any individual using their username (Buyer's email address) and/or password. In addition, use of the Buyer's username (e-mail address) and/or password will constitute proof of identity and payment of the corresponding sums upon validation of the order. Prunier may under no circumstances be held responsible for the fraudulent use of this information.
Entering a bank card number (or any other identification element required for payment) and confirming an order shall constitute proof of acceptance of the order and will cause the sums incurred for the order to become due and payable. The digital records stored in Prunier and Prunier partner computer systems will be considered as proof of communication, orders and payments between the Parties.
Article 13 - Customer services
For any further information, Prunier Customer Services can be contacted at the following address: 16 Av. Victor Hugo, 75116 Paris or by telephone on +33 1 44 17 35 85, during the opening hours indicated in the contact us section.
Article 14 – Personal data
Prunier collects personal data from the Buyer and, where applicable, from the order recipient. As a data controller, Prunier considers protecting the personal data it collects as extremely important.
To find out more about Prunier's data protection and cookies policies for all activities on the Site, please consult the Privacy Policy
Article 15 – Liability
15.1 Capacity
Prior to placing an order, the Buyer declares that they have the full legal capacity to enter into a commitment under these T&Cs. Prunier can in no way be held responsible for verifying the legal capacity of its visitors and Buyers. Consequently, if a person who does not have legal capacity orders items on the Site, their legal guardians (parents, guardians, etc.) will assume full responsibility for this order and will be bound to pay for the order.
15.2 Limitation of liability
Prunier shall not be held liable for the obligations of these T&Cs if the non-performance of its obligations can be attributed to a third party (even if it could have been anticipated), a fault by the Buyer, or a force majeure event as defined by the French courts, or any other event that was not reasonably within Prunier's control.
The information on the Site is provided ""AS IS"" without a guarantee of any kind, implicit or explicit, concerning the integrity, accuracy, relevance, non-infringement, availability, reliability or exhaustiveness of the information, products, accessories or services appearing on the Site or their suitability for the use as intended by the Buyer. In particular, given the nature of the products:
- The photographs on the Site are non-contractual;
- Prunier will not be held responsible in case of misuse, negligence or improper storage of the product by the Buyer;
- Prunier cannot be held responsible for any allergic reaction to the products offered for sale. It is therefore the responsibility of the Buyer to find out whether he or she is sensitive to potential allergic reactions to the products.
Prunier accepts no responsibility for direct or indirect damage caused by the use of the Site, even if it could have been anticipated. If Prunier's responsibility is established and accepted for a loss suffered by the Buyer that can be attributed exclusively to the placing of an order, this responsibility is limited to the total order amount the Buyer paid Prunier.
Article 16 – Amendments
Prunier reserves the right to modify and update the T&Cs without prior notice. Prunier recommends that the Buyer, and any user of the Site regularly rereads the Terms and Conditions and Privacy Policy regularly to ensure their knowledge remains up to date. All orders will be subject to the General Terms and Conditions in force at the time of ordering.
Article 17 – General information
17.1 Partial invalidity
If one or more of the stipulations of these T&Cs are found to be invalid or declared as such in by a law, or regulation or following a final decision by a competent court, the other stipulations retain all their force and scope.
17.2 Non-waiver
If one of the Parties does not claim for a breach of the obligations referred to in these T&Cs, it cannot be interpreted in the future as a waiver of the obligation in question.
17.3 Applicable law and jurisdiction
Products sold by Prunier are subject to French law. Any dispute relating to the existence, interpretation, performance or breach of contract between Prunier and the Buyer will, in the absence of amicable agreement, be the exclusive jurisdiction of the competent French courts, even in the event of multiple defendants, in line with rules laid down by the French Civil Code.
These T&CS shall in no way affect the Buyer's consumer rights. Buyers are also free to contact the consumer ombudsman or any other consumer advice organisation.
17.4 Duration
The General Terms and Conditions of Sale apply throughout the period during which the products offered by Prunier are online, until the end of the warranty periods. In any event, the ""liability"" clause will survive the expiry of the T&Cs.
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