These conditions of sale are concluded on the one hand by the company CAKE LUCKY with a share capital of 1,000€ whose registered office is located at 12 QUAI PHILIPPE OBLET PORT-EN-BESSIN-HUPPAIN 14520, registered in the Trade and Companies Register under the number 88220678200014 in March 2020 under the legal formSASU Société par actions simplifiée à associé unique and managing the site cakelucky.fr and, on the other hand, by any natural or legal person wishing to make a purchase via the website cakelucky.fr hereinafter referred to as “the purchaser”.
Article 1. Object
These conditions of sale aim to define the contractual relationship between CAKE LUCKY and the buyer and the conditions applicable to any purchase made through the cakelucky.fr website. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to ordering. Before any transaction, the buyer declares to have full legal capacity, allowing him to commit himself under these general conditions of sale.
CAKE LUCKY retains the possibility of modifying its conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are those which appear on the cakelucky.frsite of the company CAKE LUCKY, within the limits of available stocks. CAKE LUCKY reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description showing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of products presented on the cakelucky.fr site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Article 3. Prices
The prices appearing on the product sheets of the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. CAKE LUCKY reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. For any order greater than or equal to 60 Euros TTC, shipping costs are free; for any order less than 60 Euros TTC, a participation fee for shipping costs will be charged to the buyer.
Article 4. Order and payment terms
Before any order, the buyer must create an account on the site cakelucky.fr. The account creation section is accessible directly from the side menu bar. The site is subject to a secure system using SSL encryption for payments. The User is reminded that payment card fraud is an offense punishable by Article L. 163-3 of the Monetary and Financial Code:
“Is punished by imprisonment for seven years and a fine of 750,000 euros for any person:
o Counterfeit or falsify a check or other instrument mentioned in Article L. 133-4;
o To knowingly make or attempt to make use of a counterfeit or falsified check or other instrument mentioned in Article L. 133-4;
o To accept, knowingly, to receive payment by means of a counterfeit or falsified check or other instrument mentioned in Article L. 133-4. “
At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. CAKE LUCKY offers the buyer to order and pay for their products in several stages, with 3 payment options to choose from:
– Paiement par carte bancaire : the buyer selects the products he wishes to order in the “basket”, changes if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then the buyer chooses the payment method of his choice. Finally, the last step asks him to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. This last click forms the final conclusion of the contract. The buyer is then redirected to a CIC bank page to finalize their payment by credit card. As soon as the payment is finalized, the buyer receives an order confirmation email.
– Paiement par carte cadeau : the buyer selects the products he wishes to order in the “basket”, changes if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then the buyer chooses the payment method of his choice. Finally, the last step asks him to check all the information, read and accept these general conditions of sale by checking the corresponding box, and enter the gift card code he has obtained. You will need to validate your order by clicking on the “Confirm my order” button. If the gift card is not enough, then the remainder will have to be paid by one of the other payment methods below.
– Paiement sécurisé par Paypal ou carte bancaire (via le système PAYPAL) : the buyer selects the products he wishes to order in the “basket”, changes if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment byPaypal ».The next step is to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites them to confirm their order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure PAYPAL interface in order to securely fill in his Paypal account or personal credit card references. If payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or by credit card is irrevocable. In the event of fraudulent use of it, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the operation may have generated, the cardholder must contest, in writing, the debit from his bank, within 70 days of the operation, or even 120 days. if the contract binding him to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written objection lodged by the holder. No cost of restitution of the sums can be charged to the holder.
The confirmation of an order implies acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, CAKE LUCKY will send him confirmation of the registration of his order by e-mail.
If the buyer wishes to contact CAKE LUCKY, he can do so either by mail to the following address: 12 QUAI PHILIPPE OBLET PORT-EN-BESSIN-HUPPAIN 14520; either by email at the following address: firstname.lastname@example.org, or by phone at 0764090021.
Article 5. Retention of title
The CAKE LUCKY company retains full and entire ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return.
The User can exercise his right of withdrawal:
• Or by filling out the return form online, accessible in the “Your orders / Your order tracking” section.
• Or by any other unambiguous statement expressing its willingness to withdraw by email to the following address: email@example.com
This declaration can take the following form
– Attention Cake Lucky
– I / We (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract for the sale of the property (*) below
– Ordered on (*) / received on (*)
– Order number (*)
– Name of consumer (s)
– Address of the consumer (s)
The form or declaration must be accompanied by the Product (s) that the buyer is returning, without having been opened in any way.
Article 7. Delivery and terms of exchange and refund
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographic area. Orders are made by La Poste via COLISSIMO or DELIVENGO, delivery service with tracking, delivery without signature. Delivery times are only indicative; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. CAKE LUCKY may provide the buyer with the tracking number of his package by e-mail. The buyer is delivered to his home by his postman. If the buyer is absent, he will receive a calling card from his postman, which allows him to collect the products ordered at the nearest post office, for a period indicated by the postal services. The risks related to transport are the responsibility of the purchaser from the moment the items leave the premises of the company CAKE LUCKY. The buyer is required to check in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and their contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Following the exercise of the right of withdrawal by the User, or in the event of a finding of non-compliance or a defect affecting the Products ordered, the User can return the products ordered as follows:
You can return the product (s) ordered to us, by sending them to us by post at the address below:
12 PHILIPPE OBLET QUAY PORT-EN-BESSIN-HUPPAIN 14520
Do not forget to attach to your shipment a copy of your electronic invoice (received in the order shipping email) as well as the withdrawal form attached to your order or sent by email and also attach a photo demonstrating the incident .
The refund will appear on the account attached to the means of payment used for the payment of the order. It will be visible within 4-5 working days (interbank delays).
In the event of payment by gift card, reimbursement can only be made by issuing a credit note.
Upon receipt and control of your return, or provision of proof of shipment of your return, the returned product (s) will be reimbursed, by crediting the credit card or Paypal account, used for the initial payment of the command.
Any initial delivery costs will be fully refunded only in the event of a return of the entire order. In addition, CAKE LUCKY is not required to reimburse additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method offered by CAKE LUCKY. Return costs are your responsibility, as well as any shipping overcharges (specific shipping cost linked to the nature of certain items that cannot normally be returned by post).
Article 8. Guarantee
All the products supplied by the company CAKE LUCKY benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to CAKE LUCKY who will take it back, exchange it or reimburse it. All complaints, requests for exchange or refund must be made by email to the following address: firstname.lastname@example.org, within thirty days of delivery.
Article 9. Liability
CAKE LUCKY, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from use of the Internet such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
Article 10. Intellectual property
All elements of the cakelucky.fr site are and remain the intellectual and exclusive property of CAKE LUCKY. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
Article 11. Personal data
The CAKE LUCKY company responsible for processing, collects mandatory personal data indicated by an asterisk. This collected data is necessary for the processing, tracking and delivery of your order, as well as for preparing invoices. On the other hand, this data may be necessary to send offers, news or personalized or non-personalized advertising, only if they are accepted.
CAKE LUCKY ensures that it takes all necessary measures, in accordance with the Data Protection Act of January 6, 1978 and the General Data Protection Regulation (RGPD) of April 27, 2016, to ensure the protection, confidentiality and security of personal data.
In accordance with applicable regulations, you have the right to access, issue advance directives, rectify, delete, portability and oppose the processing of data concerning you. To exercise this right, you can write to our email address email@example.com
Please note that as part of the exercise of rights by applicants, our Customer Service may need to verify the identity of said applicants by possibly requesting a copy of a valid identity document.
CAKE LUCKY allows the User to express an opinion on a product he has purchased. This notice will then appear on the product sheet of the Product concerned and will remain visible to Internet users for a period of two years from its date of publication. The reviews are displayed in chronological order by default and all mention the date of the User’s experience. The User wishing to give his opinion on one or more product (s) must be identified with CAKE LUCKY, he must then have identifiers. In addition, only an adult is authorized to formulate a product opinion. CAKE LUCKY reserves the right to moderate opinions independently CAKE LUCKY may therefore, at its option:
Only notices concerning the Product will be kept. Reviews relating to:
– With the order and its follow-up (delivery, exchanges, returns, reimbursement …),
– Technical problems encountered on the site,
– Comparisons with other points of sale and in particular competitors,
– Any question (request for partnerships, contact with suppliers, etc.) not relating to the attributes of the product,
– Anything that is contrary to public order and good morals,
– Any term that may be interpreted as an insult or defamation against the author or any other natural or legal person,
– Any question that calls into question product safety (these notices will be systematically taken care of by our customer service).
The User expressly declares and accepts that the use of the customer review form entails the transfer in favor of CAKE LUCKY of the reproduction, adaptation and disclosure rights of this notice on cakelucky.fr or on any communication medium freely chosen by CAKE LUCKY.
In this context, the User may be required to provide and / or validate certain personal data. The information collected will not be used for commercial purposes but will allow CAKE LUCKY to guarantee the seriousness of the opinions formulated and to improve the services offered by CAKE LUCKY to its customers.
Article 12. Settlement of disputes
These general conditions of sale are subject to French law.
Disputes arising from the interpretation, execution or termination of these general conditions of sale, will be subject to the jurisdiction of the French courts, notwithstanding multiple defendants and / or warranty claims, even for emergency procedures or interim proceedings or by request. The competent court in the event of a dispute will be the competent court will be that of CAEN 14000.