Terms and conditions

Application and acceptance of the General Terms and Conditions of Sale

These general terms and conditions of sale apply, to the exclusion of all other conditions, to all products offered for sale on the website www.laduree.ch (the "Website") that you (the "Customer" or "You") may order on the Website from LADUREE SUISSE SA, a company registered under the identification number CHE-112.738.136, whose registered office is located at Rue de Saint- Léger 2 1205 Geneva ("LADUREE").

The LADUREE online sales services are exclusively reserved for (i) natural persons of adult age for non-professional use and (ii) legal entities for use other than their business activity (excluding any resale), with a delivery address in Switzerland. Any purchase made in breach of these general terms and conditions of sale will incur the liability of the person making the purchase. LADUREE reserves the right not to follow through with any order that might appear abnormal or whose quantities might give rise to suspicion of non-personal use.

By placing an order on our Website, you confirm your full and complete acceptance of these general terms and conditions of sale and the special terms and conditions (products, quantities, prices, delivery method and lead-times, etc.). These general terms and conditions of sale may be modified at any time and any order placed on the Website will be subject to the general terms and conditions of sale published on our Website on the date of the order. The Customer is responsible for checking the general terms and conditions of sale in force prior to any product order placed by the Customer on the Website.

Products

Product information

LADUREE has taken the greatest care in presenting the products on the Website. For each product offered for sale on the Website, its description, quantity and price, the means of payment accepted by LADUREE and any delivery restrictions are specified. The photos used to illustrate our products are not contractual and are provided as an indication to illustrate the general appearance of the products. LADUREE can in no way be held liable for any inaccuracy in the photos.

Furthermore, the Customer must refer to the description of each product in order to know its composition, and in particular the possible presence of allergens. The authoritative description of the products is the one published on the site at the time of the order.

The products available at the time of ordering may be modified at any time by LADUREE.

Product quality

LADUREE guarantees the quality and freshness of the food products offered for sale on the Website, which are kept in a refrigerated place away from light. LADUREE ensures the integrity of the products when they are dispatched thanks to packaging which protects the foodstuffs from any damage during transport. The products must be consumed before their "best before date" which appears inside the packaging. LADUREE draws the Customer's attention to the need to choose a delivery date that guarantees the freshness of the products and the need to comply with the optimal storage conditions stated on the packaging.

To preserve their taste, LADUREE macaroons should be kept in a cool place and away from light. They are to be consumed within 4 days from the preparation of the box of macaroons, the date of which appears on a leaflet provided with the box of macaroons. Macaroons sent to your home are delivered in special packaging to protect the goods from damage during transport. LADUREE particularly draws the Customer's attention to the following:

• Check the availability of the macaroons on the day chosen for the delivery date. PLEASE NOTE: LADUREE no longer guarantees the freshness of the macaroons collected by the recipient more than 72 hours after the date of their departure from the LADUREE logistics centre.
• Place the macaroons in the fridge on receipt of the parcel.
• Do not freeze the macaroons.

Allergy warning

Food products sold on the Website may contain traces of nuts and wheat. For any nutritional information on the products, please contact our consumer service department at the following address: contact@laduree.com.

Product Availability

LADUREE reserves the right to modify the range of products. Certain offers may have a limited validity period which will be indicated for each product or product range. LADUREE undertakes to honour orders received on the Website only within the limits of available stocks. Exceptionally, a product advertised as available on the Website may be unavailable after final registration of the order. If the product is unavailable, LADUREE will inform the customer by telephone and then by email that the order is cancelled and will be refunded within thirty (30) days, unless the customer expressly wishes to transfer the order to a substitute product recommended by LADUREE.

Orders

To place an order, you can:

- Open a customer account on the Website.
You can update and correct your data at any time by going to your customer account. You must choose a login and password to access your account that you must not communicate to anyone else. LADUREE will not be liable for any loss or damage that may occur due to a lack of protection of your login or password. If you have forgotten your login or password, an appropriate function on the Website enables you to retrieve them from your email address.

- Provide your personal data to receive your parcel (Last name, first name, email and postal address) without opening a customer account.

For more information on the use of your personal data please see our privacy policy at the following address: https://www.laduree.ch/protection-de-donnees-personnelles.html

You confirm that the information provided to LADUREE is sincere, accurate and up to date. All information communicated by you remains your sole responsibility and any errors generated by you cannot be attributed to LADUREE in the event that it becomes impossible to proceed with the order or to ensure a positive result.

Order

To order on our Website, you must choose one or more products and place them in your cart. After validation of its contents, you must mention your billing and delivery address. Before paying, you must accept these general terms and conditions of sale, confirm the order and validate payment.

You can view the various stages of the details of your order, including the price, and any errors can be corrected before confirming your order. Payment of the price of the products makes your order definitive and no modification of the order will be taken into account by LADUREE.

The order of products is deemed firm when the Customer has validated his order on the Website. The order will only be accepted by LADUREE after it has sent confirmation by email to the Customer's email address detailing the list of products ordered, the delivery address and the order number. LADUREE reserves the right to cancel or refuse any order due to insufficient stocks, incomplete information, any dispute concerning payment of a previous order, any order which, according to LADUREE, presents any risk or any other legal reason. 

Price and terms of payment

Prices

The Products are supplied at the current prices shown on the Website when the Customer places an order. Prices are expressed in the national currency, excluding tax and, where applicable, all taxes included, according to the VAT rate in force on the day the order is registered and excluding shipping costs. Processing, dispatch, transport and delivery costs are not included and will be invoiced in addition according to the conditions indicated on the Website and calculated prior to the validation of the order. Any additional costs added to the price of the product(s) ordered shall be subject to the Customer's express consent. The final price charged to the Customer corresponds to the total amount of the purchase, including these costs. The total price inclusive of tax stated in the confirmation of the order sent by LADUREE is the total price of the order expressed inclusive of all taxes including the price of the Products and additional costs, including transport costs.

The prices displayed on the Website may be revised at any time without notice according to the price of seasonal products and economic conditions.

Any validation of an order implies acceptance of the price.

Proof


Validation of the order, payment of the order and confirmation of the order by email are proof of the completeness of the order and make the sums due by the Customer to LADUREE in respect of the order payable.
These means of proof are archived by LADUREE on electronic media and can be used as proof.

Payment (secure transactions)
Online payment is by bank card, PostCard or American Express exclusively. The Customer accepts that his account will be debited for the total amount due at the time of the order. The following bank cards are accepted for online payment: Visa, MasterCard, American Express.

Depending on the type of card, the Customer enters his card number, expiry date and the security code (composed of the three digits on the back of the card) and then validates the data or has the option of returning to the previous page.

The Customer guarantees LADUREE that he has the necessary authorisations to use the payment method. The invoicing information that the Customer declares when placing the order must correspond to that of the holder of the payment card used, in order to enable LADUREE to contact the latter directly if necessary, in particular for the purposes of checking or requesting additional information. The Customer must be attentive to the information provided relating to his bank card and delivery address.

In the event of non-payment, incorrect billing address or any problem on the part of the Customer relating to the payment of the order, LADUREE reserves the right not to confirm the order.

LADUREE also reserves the right to cancel or refuse any order which is abnormal, placed in bad faith or for any other legitimate reason, including an order from a Customer with whom there is a dispute relating to the payment of a previous order.

Once payment of the order has been made, it becomes final and can no longer be cancelled by the Customer. A summary of the order is displayed and an email confirming the order is sent to the Customer.

Online payments by bank card will be made via the INGENICO SA secure payment system. The payment request is sent in real time to Payone secure payment system: it ensures that the bank card is valid (no data entry errors, no opposition), and confirms the registration of the payment by issuing a transaction number or informs that the transaction is refused.

In the event of fraudulent use, LADUREE cannot be held liable. In the absence of a bank provision, or in the event of refusal by the banks, the order will be automatically cancelled and the Customer notified by email.

Delivery

General information

Orders will be delivered after receipt of full payment of the price, including delivery costs. Any event defined by case law as a force majeure event of such a nature as to delay or prevent the supply or increase the cost of the products ordered constitutes a cause for suspension or termination of the obligations incumbent on LADUREE if the event in question exceeds a period of fifteen (15) days, without compensation for the Customer. LADUREE undertakes to inform the Customer by any appropriate means in the event of the occurrence of such a case of force majeure, who is authorised to cancel his order by email.

Delivery times are indicated to the Customer on the date the order is placed. The Customer has the choice of the delivery date at the time of the order, which may be within two working weeks after the date of the order. Delivery times are given for information purposes only and LADUREE undertakes to do its utmost to respect them. However, LADUREE cannot in any event be held liable for a delay in delivery attributable to its carriers.

Except in special cases or unavailability, the Products ordered are delivered in one go. Risks are transferred to the Customer as soon as the order has been handed over to the carrier or the shipper.

LADUREE does its utmost to deliver the Products ordered by the Customer within the times indicated below and provided for information purposes only. The Seller is liable for the proper performance of the contract.

If the Products ordered are not delivered within thirty (30) working days after confirmation of the order, for any reason other than a case of force majeure or the Customer's fault, the sale may be cancelled at the Customer's request. The sums paid by the Customer will be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.

Delivery is free of charge for orders over CHF 65.

Delivery coverage is national. Delivery is made through the boutiques located at 33, Quai des Bergues, 1204 Geneva and 3, rue de Bourg, 1003 Lausanne.

Delivery method


Home delivery is the exclusive means of collection of orders.

The delivery dates and times are stated on the Website for information purposes only, unless otherwise agreed in writing. The delivery dates and times indicated are valid subject to correct and punctual delivery of the goods by LADUREE's suppliers and by the appointed delivery service providers.

Public holidays are to be understood as the public holidays of the canton in which the delivery address of the order is located. Any order placed on the eve of a public holiday or public holiday will be prepared and dispatched on the next working day.

Home deliveries are made in Switzerland and are insured by the Swiss Post Office from Monday to Saturday, excluding public holidays. The Customer may also order and have that order delivered by a courier and this only in the boutiques located at 33, Quai des Bergues, 1204 Geneva and 3, rue de Bourg, 1003 Lausanne.

The Customer is responsible for the information provided concerning the name and address of the consignee. This information must be precise, accurate and complete (in particular with regard to the code of the entrance door and the floor) so that delivery can take place under the best conditions. Under no circumstances can LADUREE be held liable for a return delivery due to an error in the delivery address or an impossibility to deliver to the address indicated. Costs linked to a change in the consignee's delivery address will be passed on to the Customer. If the consignee is absent on the day of delivery, the deliverer will leave a non-delivery notice at the delivery address.

It is the Customer's responsibility to check the contents of the order on the delivery date. Any discrepancy in quantity must be reported immediately upon receipt of the order to LADUREE. Complaints relating to damage, delay, loss or inadequate packaging must be sent in writing immediately after receipt of the order. 

Warranty

LADUREE assumes the guarantee of freedom from defects of the products ordered until the expiry of the best before date, which is a maximum of 2 years from the delivery date. For products without a best before date, the legal period of 2 years from the delivery date applies.

LADUREE can offer a guarantee of either a partial or complete replacement by an equivalent product, with a credit note for a maximum amount corresponding to the selling price at the time of the order, or by granting a reduction.

There is no general right of return on products without defects and correctly delivered. The guarantee is explicitly excluded for products whose intrinsic quality (e.g. in terms of taste) does not meet the Customer's requirements, for fresh products, or a break in the cold chain, or for products ordered inadvertently.

Complaints & Returns

LADUREE takes the utmost care of its products. In the event of a complaint, please contact our consumer service: contact@laduree.com

All complaints must be made within three (3) days from the delivery date of the products and accompanied by an explanation of the problem encountered and the damage caused. After analysing the situation, LADUREE will determine, at its sole discretion, the appropriate arrangement, either a refund, a new delivery of the products or other.

LADUREE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR BENEFITS ARISING OUT OF OR IN CONNECTION WITH A BREACH OF THESE TERMS AND CONDITIONS OF SALE OR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY.
For reasons of food health and safety, perishable food products will not be returned or exchanged. LADUREE will not accept any product return, except with the prior agreement of the consumer service. In the event of agreement for the return, the product must be returned in its original condition and packaging accompanied by proof of purchase. Any damage noted on a product on return due to a problem with the level of packaging not being respected may lead to a partial refund or no refund of the product. If the obvious defect or non-conformity of the products is proven, LADUREE will replace the product free of charge or reimburse the sums paid within thirty (30) days from cancellation of the order. By accepting such a replacement or refund, the customer or any other party concerned agrees to waive any additional claim which may be made, in particular the payment of interest. 

Ladurée's limitation of liability

LADUREE is not liable for any communication, network connection, computer problems or malfunction of the Website for a given browser.

LADUREE does not guarantee that the Website will function without interruption or that it will not contain any computer errors, or that the faults observed will be corrected.

LADUREE does not guarantee that the Website, servers giving access to it and/or the third party sites with which it has links do not contain viruses or other components likely to cause damage to property or persons.

LADUREE cannot be held liable if the data relating to a Customer does not reach it for any reason or arrives illegible or impossible to process (for example, if the Customer has an unsuitable computer hardware or software environment for the order or a problem with the internet connection).

Under no circumstances can LADUREE be held liable for any loss of data or deterioration of these data.

LADUREE cannot be held liable if the non-execution or poor execution of the order is due to technical constraints beyond the control of LADUREE. In particular, LADUREE will not be liable for the delay, loss or wrong distribution of an email validating the customer account or confirming the order.

LADUREE will also not be liable for the operation of the secure payment page which is provided by an external service provider, nor for any dispute arising during the payment process.

In the case of a force majeure event, LADUREE may, at its sole discretion, cancel the order without its liability being incurred in this respect. In this case, LADUREE will reimburse the Customer for the price of the order.

Under no circumstances can LADUREE be held liable for the direct or indirect consequences of these events

Intellectual property rights

The Website content including, in particular but without limitation, the texts, comments, illustrations and images reproduced on the Website are the exclusive property of LADUREE and are protected by intellectual property rights. Any total or partial reproduction of the Website is strictly prohibited, except with the prior agreement of LADUREE. Any breach of our brands and of the integrity of our products could justify civil or criminal prosecution. 

Personal Data

The personal data collected by LADUREE for the creation of the Customer Account and the order are processed in accordance with LADUREE's confidentiality policy available at this address: https://www.laduree.ch/protection-de-donnees-personnelles.html

Governing law and disputes


These general terms and conditions are subject to Swiss law.
In the event of a dispute, an amicable solution will be sought as a matter of priority before any legal action is taken. We invite our customers to contact our consumer service at the following address: contact@laduree.com
Failing amicable agreement, any legal action will be brought before the competent courts.