Legal terms

The website, accessible on this address www.patisseriemasmoudi.fr (hereinafter referred to as “website”) is aimed at users’ personal information. The access and use of this website are subject to the legal terms in accordance detailed herein as well as the applicable laws.

The company that owns the website has the right to edit and update the terms at hand, all the elements, products or services presented in the website without notice. The legal terms at hand are subject to the French law.

Ownership and editorial responsibility

This site is owned by SOCIETE PATISSERIE MASMOUDI FRANCE, a limited liability company with 105 000€ share capital. Its head office is at KIOSKE 3 GRANDE HALLE GOURMANDE CC LES TERRASSESDU PORT 13002 MARSEILLE registered at Marseille Trade and Company Register under the number 798 731 683.

Web host contact details

Name : MEDIANET
Corporate name: Medianet
Address: Av. Hédi Nouira Résidence MAYA D1 Enasr II 2037 Tunis
Telephone number: +216 71 827 484
Fax: +216 71 827 464

Intellectual property rights

The owning company notifies the website users that much of its elements are protected by property right legislation: these elements can be photos, articles, pictures, animated clips, audio or audiovisual digital recordings.

These programs are protected by property right and imply a concluded license agreement. Their use without a prior written agreement by the owner is prohibited otherwise it will be considered as a property right counterfeiting offence.

Customer account

Before making an order, the customer is invited to create an account. In this regard, he/she should fill in a form in “My Account” section. He/ she commits to disclose exact information and neither usurp other people’s identity nor change his/her own age.

The customer also states his/her e-mail address and a password (8 characters at least) which will let him/her log in thereafter. The username and password are personal and the customer commits not to divulge them.

Price

The products’ prices presented on the website are in euro; all taxes included except delivery fees. The delivery fee is mentioned before the final confirmation of the order.

When an order has been made with a promotional code offering a discount related to the simultaneous purchase of a predetermined number of items, the return of one or more items by the customer may result in expiring the discount since the number of items necessary for the application of this discount is no longer reached. The reimbursement made to the customer will take into account the fact that the discount is no longer applicable and the difference will therefore be imputed on the amount reimbursed to the customer for the items returned.

Products

The products offered for sale appear on the website within the limits of their availability, and the offers remain valid as long as they appear on the website.

Masmoudi Pastry reserves the right, at any time, to withdraw any product for sale on the website.

In case of unavailability of a product after order confirmation, the customer will soon be informed by email or by telephone. The customer has the choice between waiting for the availability of the product or a refund of the paid amount.

Order

To make an order, the customer must register or identify on his/her account and follow the online purchasing process by adding the products in cart. By accessing his/her shopping cart page, the customer can find the different delivery methods and their cost, as well as the countries of delivery.

After confirming the order and choosing the delivery mode, the customer should check the products ordered and carefully read the GCS (General Conditions of sale). Once he/she presses "Pay my order" button, he/she is expected to have accepted the GCS, the price of the products, the content of the order as well as the delivery address.

Masmoudi cannot be held responsible for an input error on the part of the customer which would prevent the reception of the confirmation e-mail and / or the delivery of the order. In the case of a return of the parcel for an incorrect delivery address, the customer will be in charge of the reshipping fees of the parcel as well as its return fees.

Delivery :

Countries of delivery

The products on sale on the website are delivered in France, Germany, Austria, Belgium, luxembourg, Spain, Portugal, 
Italy, United kingdom.

Outside specific territories:
Germany: Büsingen Territory, Helgoland Island
Spain: Canary Islands, Ceuta, Melilla
Italy: Campione d'Italia, Livigno, San Marino, Vatican City
United Kingdom: Jersey, Guernsey, Isle of Man, Gibraltar

Notification :

The customer will be notified on his/her e-mail address and / or telephone number on the day of shipment to enable him/her to receive the parcel under the best conditions. Masmoudi Pastry cannot be held responsible for the failure of notification reception caused by missing, incomplete, invalid or erroneous information.

Order tracking :

The customer has the possibility to have access to the order tracking by logging in on his account on www.patisseriemasmoudi.fr or by using the tracking number of his order on www.laposte.fr

Time of delivery :

Masmoudi Pastry invests all its effort to ensure that the order is delivered as soon as possible. Orders made on the website on Friday from 1pm, Saturday or Sunday will only be processed on the following Tuesday. Orders placed on the website on a holiday will be processed on the next working day.

From the time of shipment of the order, the average delivery time is 5 to 7 working days in Colissimo for France.

Delivery may be delayed for reasons beyond our control. In this case, Masmoudi pastry commits to keep the customer informed about the situation.

A delivery is presumed to have been made when the carrier's control system records the reception of the order by the customer (signed for upon receipt).

If the parcel is damaged or its contents do not conform to the order, the customer must contact the Masmoudi Pastry Customer Relations Department within fifteen (15) days of receiving the products, in order to proceed to the return of the products.

Home delivery without signature :

The parcel will be delivered in a mailbox to the address indicated by the customer or handed over by any other means of provision agreed upon between the customer and Masmoudi pastry. Masmoudi pastry can hand over the parcel to any person present at the address. That is, if it is impossible to put it in the mailbox, the carrier may proceed to a delivery to a neighbor, a caretaker or concierge who agrees to take the delivery. The details of the latter will be indicated to the customer on a notice put in the mailbox.

Home delivery with signature :

The parcel will be delivered to the address indicated and the delivery will be signed upon receipt by the customer or any person attached to his/her service, residing with him/her or mandated specially or by any other means of being available. This signature will be proof of delivery of the parcel. The refusal to sign on the document presented means a refusal of the shipment.

Right of withdrawal

In accordance with articles L.120-20 et seq. of the Consumer Code, you have a period of seven (7) days to exercise your right of withdrawal without having to justify or to pay penalties with the exception, when applicable, of return costs. The seven-day period starts from the date of the products reception. You can exercise this right on all purchased products. To cancel your order within 7 working days, please contact our customer service.
Please carefully pack the article and send it to the following address: Masmoudi 106 Boulevard Saint Germain 75006 Paris.

Return procedure

If for any reason you are not satisfied with a product you have ordered, you can return it to us under the conditions specified below, within 7 days, and we will reimburse the entire amount of the product.
In order to be accepted, the return of your product must fulfill the following conditions:
- Products must be returned in their original condition; there should be no trace of their use
- The return packaging must be at the correct dimensions and keep the product protected from bumps
In case of non-compliance with these conditions we preserve the right to refuse the product (s). The reshipment of the product is done at the expense of the customer.
How do I make a return?
For a return of product(s) whose total value exceeds 35 euros, we recommend you to ship the product in parcel accompanied with an insurance of the value of the products. For the rest of product return, opt for standard shipment. The item must be returned with the return receipt sent by the customer service and then addressed to: Masmoudi 106 Boulevard Saint Germain 75006 Paris.

Return of defective or nonconforming product

If any part of a box is missing or nonconforming, please return the entire box. A box is indeed a single inseparable article, so we cannot exchange or refund the only missing or nonconforming item, even if this item is available individually on our website.

Refund

The refund is made by bank transfer to the customer's account. Once the refund is made, an e-mail will be sent to you to inform you. In any case our councilors will guide you through the return process and provide you with the necessary information.

Refund calculation

Return of damaged, defective or nonconforming products

If you return an item due to an error on our part, because it is nonconforming, we will refund the initial shipping costs, as well as the reshipping costs. In case of loss, deterioration or spoliation during delivery we will reimburse you a lump-sum compensation of a maximum amount of 31 euros per parcel (postage and packaging included).
After verification, if an item returned as damaged or nonconforming does not present any defect, Masmoudi pastry reserves the right not to make the requested refund. The reshipping of the product is done at the expense of the customer.
Masmoudi pastry commits to replace at its own expense any defective product on unpacking in case the customer has previously deposited a complaint report to the carrier upon arrival of the parcel. The indication "subject to unpacking" has no legal value and will not allow any legal proceeding with our carrier. We advise you to completely check the parcel on receipt, and to make mention of a clear and precise statement if the package and its content have defects.
If the buyer has any doubt whatsoever about the condition or the content of the parcel, he/she has to apply the following legal procedure:
- report damages, claims and reservations, and refuse the product by immediately reporting a statement of anomaly to the carrier.
- in case of acceptance of the parcel, please report these incidents to Pâtisserie Masmoudi and to the carrier within 48h maximum after receipt of the parcel.

Copyright

All intellectual property rights of the website and its content belong exclusively to Masmoudi pastry. Any reproduction, use or partial or total modification of any part of the webite, in any form whatsoever, cannot be carried out without the explicit permission of Masmoudi pastry who preserves the right to take legal action under intellectual property offence.

Protection of personal data

The personal data collected on the website is processed by Masmoudi pastry for the purpose of customer relationship management and prospecting. They are accessible at any time under the heading "my Account".
In accordance with the law of January, 6, 1978 relating to data processing, files and freedom, as amended in 2004 (hereinafter "the Data Protection Act"), the customer has the right to access, rectify, delete and oppose his/her personal data.

Masmoudi pastry does not transmit personal data to other parties for the purpose of prospecting, but may disclose it to legally authorized bodies and authorities, to the extent by which that disclosure is required or permitted by law, or when Masmoudi pastry will deem it necessary or appropriate to conform to applicable laws or other instruments or to protect or defend its rights or those of its employees, customers or any other person.