Art. 1. Seller’s Identity (the “Company”)

Corporate name: MAISON BOUCHAUD
Trade name: LCGE
Legal form: SAS No. RCS 922082706
VAT number: FR93922082706
Headquarters: 9 Square de Montsouris, 75014 Paris – France
Different establishment: 14 rue Descartes, 75005 Paris – France
Phone number: +33 01 42 01 07 06
Email address: gabriel@lecomptoirgastronomique.eu
Website: https://lcge.fr/
Publication Director: Mr. Gabriel Bouchaud
Hosting provider: OVH SAS, Headquarters: 2 rue Kellermann – 59100 Roubaix – France

Art. 2. Scope of Application of the General Conditions

These General Conditions apply to all orders for fine grocery products deliverable in mainland France by Maison Bouchaud (LCGE), placed from May 1, 2024.

Art. 3. Essential Characteristics of the Services

The Products covered by these terms consist of fine grocery products available exclusively for click & collect. They are more precisely described in terms of their specificity and quality in the Company’s online catalog. The products provided by the Company comply with current regulations in France.

Art. 4. Order

Subject to the exercise of the right of withdrawal detailed below, the order is final and the price is due as soon as the Customer places the order; any request for cancellation of the order is subject to agreement by both parties and may be subject to negotiation of a penalty.

Art. 5. Price

5.1 Rate

The Products are supplied at the price mentioned in the catalog on the day of the order. Said price will be firm and non-revisable. Unless otherwise specified, prices include VAT.

5.2 Delivery Charges borne by the Customer

The Products are currently available for “click & collect” by pickup during store opening hours, with no delivery charges.

Art. 6. Retention of Title

The Company reserves the right of ownership over the Products until their full payment, including any associated costs and late penalties, allowing it to reclaim them wherever they may be.

Art. 7. Payment Terms

7.1 Payment Term

Purchases are payable in cash upon ordering, unless otherwise agreed upon with the Company. In any case, any advances cannot be considered as deposits.

7.2 Means of Payment

Payments are made in euros at the Company’s headquarters. Unless exceptions apply (non-resident taxpayers), payment of the price or advances exceeding €1000 incl. VAT must be made by bank transfer or bank check (Art. D112-3 of the Monetary and Financial Code).
Payments below this amount may be made in cash.

7.3 Late Payment

Without prejudice to the Company’s right to terminate the contract under the conditions provided by law, any late payment automatically incurs late payment interest calculated on the TTC amount of the unpaid sum at the legal rate plus five percent from the day following the invoice’s due date.

Art. 8. Delivery by Click & Collect Pickup

8.1 Method and Schedule for Product Pickup

Products are currently available only for “click & collect” by pickup during store opening hours.

8.2 Deadlines

The delivery time is generally within [to be completed] days from payment of the order.

8.3 Transfer of Risks

Any risk of loss or damage to the Products is transferred to the Customer when the latter, or a third party designated by them other than the carrier proposed by the Company, physically takes possession of the goods.
If exceptionally the Company agrees that the consumer entrusts the delivery of the goods to a carrier other than the one proposed, the risk of loss or damage to the goods is transferred to the Customer upon delivery of the Products to their carrier.

8.4 Reservations

Upon delivery, a written notice is left with the Customer, indicating the possibility of making reservations, particularly in case of defects in the Products.

8.5 Delivery Delays

In case of delivery delay, the Customer may notify Maison Bouchaud (LCGE) of the suspension of payment of any balance due and/or cancel their order if, after having requested Maison Bouchaud (LCGE) to deliver within a reasonable time frame, the delay persists within this period.
The Customer may also immediately cancel their order if it is clear that Maison Bouchaud (LCGE) will not deliver the ordered Product. The contract is considered terminated upon receipt by Maison Bouchaud (LCGE) of the letter or document informing them of this termination, unless the Company has fulfilled its obligations in the meantime. The Company reimburses the consumer for the full amount paid, no later than fourteen days following the date on which the contract was terminated.

8.6 Complaints

The following advice is important to preserve evidence of any anomalies upon receipt or unpacking of the products. We recommend that you check the quantity, references, and condition of the products upon receipt and in the presence of the delivery person, then express your reservations on the delivery or receipt slip. If it is not possible to check the products in the presence of the delivery person, we recommend that you state “subject to reservations” on the delivery or receipt forms that may be presented for your signature upon delivery of your order, then unpack and carefully check the condition and conformity of the products immediately upon delivery. We recommend that you inform us in writing (email, registered mail, etc.) immediately upon receipt of the packages of any defects or non-conformities.

Art. 9. Guarantees

The Company’s contact details for any claims regarding the guarantee (or after-sales service) are provided in Article 1.

9.1 Legal Guarantee under Article D211-2 of the Consumer Code

The consumer has a period of two years from the delivery of the goods to enforce the legal guarantee of conformity in case of non-conformity. During this period, the consumer only needs to establish the existence of the non-conformity and not the date of its occurrence. When the contract for the sale of the goods includes the provision of digital content or a digital service continuously over a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the period of supply specified. During this period, the consumer only needs to establish the existence of the non-conformity affecting the digital content or digital service and not the date of its occurrence.
The legal guarantee of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods. The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, at no cost and without major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by receiving a full refund against return of the goods if:
1° The professional refuses to repair or replace the goods;
2° Repair or replacement of the goods occurs after a period of thirty days;
3° Repair or replacement of the goods causes major inconvenience to the consumer, particularly when the consumer bears the permanent costs of recovery or removal of the non-conforming goods, or if the consumer bears the costs of installation of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the unsuccessful attempt to bring the goods into conformity by the seller.

The consumer also has the right to a reduction in the price of the goods or termination of the contract when the non-conformity is so serious that it justifies immediate reduction of the price or termination of the contract. The consumer is not required to request repair or replacement of the goods beforehand. The consumer does not have the right to terminate the sale if the non-conformity is minor. Any period of immobilization of the goods for repair or replacement suspends the warranty that remained to run until delivery of the goods restored. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which can be increased to 10 % of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee of hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the hidden defect. The professional has the right to choose between repair and replacement of the goods, subject to the conditions of cost provided for in Article L. 217-9 of the Consumer Code. If the repair or replacement of the goods is impossible, the consumer may return the goods and have the price refunded, and have any portion of the price not paid returned to the consumer. The consumer is not required to prove the defect hidden in the goods sold, the cause of the defect, or the date of its discovery.

The consumer may choose between repairing or replacing the goods, subject to the conditions of cost provided for in Article L. 217-9 of the Consumer Code. If the repair or replacement of the goods is impossible, the consumer may return the goods and have the price refunded, and have any portion of the price not paid returned to the consumer. The consumer is not required to prove the defect hidden in the goods sold, the cause of the defect, or the date of its discovery.

The consumer may choose between repairing or replacing the goods, subject to the conditions of cost provided for in Article L. 217-9 of the Consumer Code. The consumer is not required to prove the defect hidden in the goods sold, the cause of the defect, or the date of its discovery.This guarantee entitles you to a price reduction if the goods are kept or to a full refund against return of the goods.

Art. 10. Force Majeure

The Company shall not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a force majeure event typically recognized by French courts.

Art. 11. Consumer Mediator

Maison Bouchaud (LCGE) falls under the Consumer Mediator as follows: [name or business name] [postal address] [telephone number] [email address] [website]

Art. 12. Right of Withdrawal (Article L221-18 of the Consumer Code)

Very important: in accordance with Article L221-28 of the Consumer Code, you have no right of withdrawal in the case of purchasing a perishable product. In this case, the absence of the right of withdrawal is reminded to you when presenting the concerned product, or at the latest before validating your order. Outside of this case, the Customer has the right to withdraw without giving any reason within a period of fourteen days.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by them, physically takes possession of the goods.

To exercise the right of withdrawal, the Customer must notify Maison Bouchaud (LCGE) (9 Square de Montsouris, 75014 Paris – France, tel +33 01 42 01 07 06, gabriel@lecomptoirgastronomique.eu) of their decision to withdraw by means of an unequivocal statement (for example, a letter sent by post or email). The Customer may use the withdrawal form template, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

In the event of withdrawal, Maison Bouchaud (LCGE) will refund all payments received from the Customer, including delivery costs (except for any additional costs arising from the Customer’s choice of a delivery method other than the least expensive standard delivery method offered by Maison Bouchaud (LCGE)), without undue delay and in any event no later than fourteen days from the day Maison Bouchaud (LCGE) is informed of the Customer’s decision to withdraw from the contract. Maison Bouchaud (LCGE) will process the refund using the same means of payment as the Customer used for the initial transaction, unless expressly agreed otherwise by the Customer; in any case, the Customer will not incur any fees as a result of the refund. Maison Bouchaud (LCGE) may withhold the refund until it has received the goods back or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

The Customer must return or hand over the goods to Maison Bouchaud (LCGE) (9 Square de Montsouris, 75014 Paris – France, tel +33 01 42 01 07 06, gabriel@lecomptoirgastronomique.eu) without undue delay and in any event no later than fourteen days after notifying Maison Bouchaud (LCGE) of the decision to withdraw from the contract. This deadline is met if the Customer returns the goods before the period of fourteen days has expired. The Customer is responsible only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Art. 13. Applicable Law and Jurisdiction

All disputes arising from the purchase and sale transactions concluded under these general conditions, concerning their validity, interpretation, execution, termination, consequences, and outcomes, shall be submitted to the competent courts under common law.

Art. 14. Optional Model Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Maison Bouchaud (LCGE), 9 Square de Montsouris, 75014 Paris – France, tel +33 01 42 01 07 06, gabriel@lecomptoirgastronomique.eu):

I/we () hereby notify/notifies () you of my/our () withdrawal from the contract for the sale of the goods ()/for the provision of the service () below:
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper): Date: ()
Delete as appropriate.