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Terms of Sales

Our online sales are subject to the general conditions below which prevail over any other stipulation from the customer. 
The purpose of these general conditions of sale is to inform any potential buyer of the conditions under which we proceed with the sale and delivery of our products ordered by the buyer. The present general conditions of sale, will be worth irrevocable and definitive consent on behalf of the purchaser on all the provisions appearing in the general conditions.
  The KOUIGN AMANN BERROU Company reserves the right to interrupt any activity with a customer in the event that the latter does not comply with the terms hereof.

The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site https://www.berrou.fr/.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The sales contract between the customer and KOUIGN AMANN BERROU will only be valid from the dispatch of the package. Customer will receive an email confirming shipment. 

Article 1  - Scope 

 

These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site  https://www.berrou.fr/ only for home deliveries; deliveries made exclusively on the territory of metropolitan France. 

The Products offered for sale on the site are as follows:

- Kouign Amann (350g/600g) 

- Kouign Amann apple 400g 

- Kouign Amann x2 80g

- Mini Kouign Amann nature x4 45g 

- Mini Kouign Amann apple x4 45g 

- Mini Kouign Amann raspberry x4 45g 

- Plain Breton cake 500g 

- Breton prune cake 400g 

- Breton prune cake x2 100g

- Raspberry Breton cake 400g

- Raspberry Breton cake x2 100 g 

- Breton caramel cake 400g

- Caramel Breton cake x2 100g 

- Ty Crousti 200g 

- Brownies 350g 

- Fruit cake 350g 

 

In accordance with Article L. 111-1 of the Consumer Code, the main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://www.berrou. en/ what the customer is required to know before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are within the limits of available stocks, as specified when placing the order. Each product is the subject of a photo and a description on the product sheet which includes the essential characteristics of the product and possibly the information and specific mentions imposed by law. KOUIGN AMANN BERROU takes its best care to provide the most accurate photographs and descriptions of the products possible. 

All the texts and images presented on the site https://www.berrou.fr/ are reserved, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited.

Article 2 - Opposability

The provisions of the GCS do not apply to professionals. The KOUIGN AMANN BERROU company reserves the right to refuse or cancel any order from a customer proving to be a professional and in particular a professional reseller. Any purchase of products via the website for resale is prohibited.

Any derogation will only be valid if it has been expressly accepted in writing by KOUIGN AMANN BERROU. The fact that the company KOUIGN AMANN BERROU does not avail itself at a given time of any of these conditions of sale cannot be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

By placing an order via the site, the customer declares to have full legal capacity allowing him to contract.

Article 3 - Orders 

It is up to the Customer to select on the site the Products he wishes to order, according to the following methods:

 

- Product offers are valid as long as they are visible on the site, within the limits of available stocks.

- The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

- Any order placed on the site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

- The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

- The Customer can follow the progress of his order on the site by creating an account in the member area. 

3.1 Creation of the customer account 

In order to place an order on the site, the customer is not required to create a “customer account”. However, the creation of the customer account is very strongly recommended because it allows:  

- To pre-fill the required information during payment 

- To obtain order details directly on the site. (Date, order number, status, order details, price, billing and delivery details) 

- Obtain address details (Possibility to add/modify addresses) 

- To obtain payment information and modify it 

- Obtain and manage your wish list of products (favorite products) 

- To manage the required information (Name - first name - email address - telephone number) 

For the creation of the customer account, the customer will have to fill in a form comprising the e-mail address and a password in order to provide all the personal information necessary to open his account.   In any case, the email address must be valid and accessible by the customer. Under no circumstances can KOUIGN AMANN BERROU be held responsible for the customer's temporary or permanent inability to access their email address. 

In addition, the customer undertakes to regularly update his information, and more particularly before each order.

During each visit, when the customer wishes to access his personal information in the "customer account" space or when he places a new order, he must first identify himself by entering his username and password. .

It is agreed that the online communication of identifiers is proof of the identity of the customer and has the value of an electronic signature within the meaning of the Civil Code, the identifiers being personal, individual, confidential and non-transferable. In general, the customer is entirely responsible for the use of the identifiers concerning him, he is responsible for keeping his password. He will ensure that no other unauthorized person has access to his personal account.

The customer undertakes to immediately inform KOUIGN AMANN BERROU's customer service of any unauthorized use of his identifiers and/or any breach of the security of his customer account.

The company KOUIGN AMANN BERROU cannot be held responsible for the lack of diligence of the customer when creating his personal account, modifying and updating personal data and as a result of incorrect contact details, with their consequences on the delivery. some orders.

 

3.1 Order Process 

The customer places his order according to the process in force on the Site and confirms the summary thereof.

He must select the chosen Product(s) and the desired quantity which are visible in the “My Basket” section.

The order will be the subject of a summary called "My Basket", which can be consulted at any time and containing all the elements of the order, in particular the product(s), quantities, unit price, possible reductions, method of payment, delivery method, total amount of the order including delivery costs depending on the delivery method chosen.

The sales contract is validly formed when the customer has been able to read and accept the general conditions of sale, and has checked the content of his order (all the products he wishes to buy and the price), has corrected the any errors and confirmed it with a second click, in accordance with the provisions of articles 1125 to 1127-3 of the Civil Code.

In the absence of acceptance of the general conditions of sale, the customer will not be able to finalize his order.

In accordance with article L221-14 of the Consumer Code, any order confirmed by the second click entails the customer's obligation to pay.

Orders are processed as soon as possible by KOUIGN AMANN BERROU from the receipt of these during payment, Monday to Friday.

KOUIGN AMANN BERROU confirms the order by e-mail; this confirmation includes in particular all the elements of the order and the corresponding invoice.

Article 4 - Duration of validity of sales offers 

The offers on the site are valid while they are online and while stocks last. The availability of products is specified in real time on the product sheet (unavailable products are indicated). The unavailability of the product may restrict the choice of product delivery.

In the event of an order for a product that has become exceptionally unavailable, the customer will be informed of this unavailability as soon as possible, by e-mail or by telephone. The customer will have the possibility, either to choose a replacement product selected, or to cancel his order; in the latter case, the reimbursement of the sums collected will then be made within a maximum period of 14 days.

Article 5 - The price 

The Products are supplied at the current prices listed on the site https://www.berrou.fr/, when the order is registered by the Seller.

The prices are expressed in Euros including VAT. The rates take into account any reductions that may be granted by the Seller on the site.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

 

The prices do not include shipping costs, which are invoiced in addition according to the weight of the products ordered. Shipping costs are indicated on the order basket (before validation of the order). 

The payment requested from the Customer corresponds to the total amount of the purchase, including the shipping costs according to the amount of the order. From an order over 50€, we offer free delivery. 

An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

Article 6 - Terms of payment 

Payment of the full price is made when ordering. Payment must be made exclusively by credit card.

Here is the list of accepted credit/debit cards: 

- Visa 

- MasterCard 

- Amex - American Express

- ChinaUnionPay 

- Diners 

- Bank cards

-Discover

- Electron 

- Maestro 

The price is paid by secure payment, according to the following terms:

 

- Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider https://stripe.com/fr involved in banking transactions carried out on the site https://www.berrou.fr/.

- Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

- The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above. 

- Payment is made in euros, regardless of the origin of the order. 

The KOUIGN AMANN BERROU company cannot be held responsible for the fraudulent use of the customer's means of payment by a third party and reserves ownership of the products sold until full payment of the price, VAT and transport costs included.

The card is debited when the order is validated. No payment data is stored on the https://www.berrou.fr/ site.

For the payment, the customer will have to fill in a form in order to provide all the personal information (invoicing and delivery) necessary to open his account. We find: The surname, first name, e-mail address, postal address, postal code and city as well as the banking information necessary for payment, i.e. the card number, the expiry date, the security code as well only the holder's name on the card. 

When paying, the customer declares to be of legal age and undertakes to transmit fair and truthful information. In any case, the email address must be valid and accessible by the customer. Under no circumstances can KOUIGN AMANN BERROU be held responsible for the temporary or permanent inability of the customer to access their email address.

Article 7 - Delivery 

7.1 Time and method of delivery 

Delivery takes place within 7 working days of receipt at the address indicated by the customer when ordering on the site. Deliveries are made only in metropolitan France. 

The delivery method cannot be chosen by the customer. Orders are sent by Colissimo at home without signature. 

Delivery costs including VAT are added to the shopping cart (before validation of the order). Delivery costs vary according to the weight of the order and the price in effect at the time of validation of the order. 

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

As soon as the product is shipped, the customer receives an e-mail from the carrier indicating the tracking number of the package as well as a link allowing you to consult in real time the routing of the package on its site (Colissimo)._cc781905- 5cde-3194-bb3b-136bad5cf58d_

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the Customer.

7.2 Delivery defects 

In accordance with article L216-2 of the Consumer Code, in the event of failure by the company KOUIGN AMANN BERROU to fulfill its obligation to deliver the product within the time limit provided for above, apart from the occurrence of a case of force majeure Within the meaning of Article 1218 of the Civil Code, the customer may denounce his order, by registered letter with acknowledgment of receipt or by writing on another durable medium to customer service, if, after having ordered, according to the same terms, the company KOUIGN AMANN BERROU to deliver the product within 14 days, the latter has not been executed within this period.

The order is considered resolved upon receipt by KOUIGN AMANN BERROU of the letter or writing informing it of this resolution, unless Kouign Amann Berrou has complied in the meantime.

The customer can immediately cancel his order when the company KOUIGN AMANN BERROU refuses to deliver the product ordered or when he does not fulfill his obligation to deliver the product within the stipulated time and this time constitutes for the customer an essential condition of his ordered. This essential condition results from the circumstances surrounding the placing of the order or from an express request from the customer before the final validation of the order.

In these cases, the company KOUIGN AMANN BERROU reimburses the customer for all sums paid, at the latest within fourteen days following the date on which the order was terminated.

In the event of an incomplete address, incorrect address, refusal of the package by the customer or any other lack of information about the place of delivery, the company KOUIGN AMANN BERROU cannot be held responsible for the failure to deliver.

Similarly, in the event of the client's absence, KOUIGN AMANN BERROU cannot be held liable for any prejudice that the client may allege.

7.3 Reception 

Any anomaly concerning the receipt of the package (damage, missing product compared to the order, damaged products, etc.) must imperatively be communicated to KOUIGN AMANN BERROU's customer service within 48 hours of the delivery date, setting out the said complaints. , indicating its order number and providing any useful proof. After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its expense, according to the procedure described in article 8 below, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, within the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GCS. 

Article 8 - Warranties 

In the event of a complaint, the customer must contact KOUIGN AMANN BERROU's customer service department in writing (email or post), regarding the non-conformity of the products or the existence of hidden defects from their discovery._cc781905- 5cde-3194-bb3b-136bad5cf58d_

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.

The responsibility of the Seller cannot be engaged in the following cases:

- Failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,

- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.

Article 9  - Storage of products 

To preserve all the flavor of our Breton specialties, we advise you to keep them in a dry and cool place between 16 and 20 degrees.

The MDD (Date of Minimum Durability) of the products is indicated on each packaging. The company  KOUIGN AMANN BERROU undertakes to deliver products with a DDMA lower than:  

- Kouign Amann (350g/600g): 30 days 

- Kouign Amann apple 400g: 30 days 

- Kouign Amann x2 80g: 30 days 

- Mini Kouign Amann nature x4 45g: 20 days 

- Mini Kouign Amann apple x4 45g: 20 days 

- Mini Kouign Amann raspberry x4 45g: 20 days 

- Plain Breton cake 500g: 30 days 

- Breton prune cake 400g: 30 days 

- Breton prune cake x2 100g: 30 days 

- Raspberry Breton cake 400g: 30 days 

- Raspberry Breton cake x2 100g: 30 days 

- Breton caramel cake 400g: 30 days 

- Breton caramel cake x2 100g: 30 days 

- Ty Crousti 200g: 40 days 

- Brownie 350g: 30 days 

- Fruit cake 350g : 30 days 

Article 10 - Customer relations and after-sales service 

For any information, question or complaint, the customer can contact KOUIGN AMANN BERROU customer service from Monday to Friday (excluding holidays or non-working days).

Use our contact form:   click here

Such. :  02 98 83 78 88 (price of a local call)

Article 11 - Data confidentiality

For any questions regarding the use of your personal data, we invite you to read the Privacy and personal data protection policy available on the website.

The parties agree that this contract is subject to French law. The contractual information is presented in French and the products offered for sale comply with French regulations.

In the event of a complaint, the customer must first contact customer service, the contact details of which appear in article 10.

In the absence of a solution, the customer can contact the mediation service:

In the absence of an amicable agreement, the disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences. and which could not be resolved between KOUIGN AMANN BERROU and the customer will be submitted to the competent courts according to the rules of common law, here Brest. 

Article 12- Withdrawal 

In accordance with article L221-28 of the Consumer Code, the customer is informed that the right of withdrawal is excluded for contracts for the supply of products likely to deteriorate or expire rapidly or which have been unsealed by the consumer after the delivery and which cannot be returned for reasons of hygiene or health protection. This concerns products with a consumption or short expiry date and, in general, all other food products offered for sale.

For other non-food products, the customer having the status of consumer or non-professional has, within 14 fourteen clear days from receipt of the last product, a right of withdrawal, in accordance with Article L 221-18 of the Consumer Code.

If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.

The customer informs of his intention to withdraw by specifying his order number, by means of a declaration devoid of any ambiguity or by means of the contact form, by email to customer service or by registered letter with acknowledgment of receipt addressed to the KOUIGN AMANN BERROU company. If sent by email, KOUIGN AMANN BERROU will immediately send an acknowledgment of receipt of the withdrawal by email.

This right of withdrawal is exercised without reason or penalty. The customer must return the products subject to the withdrawal by post. In this case the return costs will be borne by the customer. Shipping costs will depend on the nature and weight of the package.

Only returned products will be refunded.

The product must be returned or returned in its original condition and packaging. The packaging must not have been opened. The product must not have been used, nor have suffered any deterioration, however slight, and be in perfect condition. Any product which has been opened, consumed, used, spoiled, damaged and/or whose packaging has been opened or damaged or which is no longer suitable for further marketing will not be taken back, exchanged or refunded.

Within a maximum period of fourteen (14) days from the return of the product(s) by KOUIGN AMANN BERROU, the customer will be reimbursed for payments received. Reimbursement, at no additional cost, will be made using the same payment method used by the customer for the initial transaction.

Article 13 - Telephone approach

 

To remedy the proliferation of unwanted telephone canvassing by consumers, the Hamon law on consumption of March 17, 2014 created in the consumer code a list of opposition to canvassing. Consumers can register for free on this list:   www.bloctel.gouv.fr.   The KOUIGN AMANN BERROU company, like any professional, is prohibited from canvassing customers registered on this list, unless they are prior customers. The law prohibits the sale or rental of files containing the telephone data and contact details of consumers registered on an opposition list. 

Company name 

Kouign Amann Berrou 
SAS with capital of €93,000 
RCS BREST 353 513 831 

Intra-community VAT number: FR56 353 513 831 

Siret number:   353 513 831 00027
Head office: Lieu dit Gouerven 29890 Goulven 

Telephone number: 02 98 83 78 88 

Email address: Magasin@berrou.fr
Director of publication: David Decoster 

Attribution of jurisdiction 

This contract is subject to French law. For all disputes relating to this contract between the seller and the buyer, exclusive jurisdiction is granted to the Courts of BREST. 

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