TERMS AND CONDITIONS OF SALE
The present conditions are concluded between, on the one hand, the company SAS The Cake Design Academy with a capital of 1,000 euros, registered in the Melun Trade and Companies Register under the SIRET number 90774794300013, identified under the intra-community VAT number FR75907747943 represented by Mrs FARHAT LAILA in her capacity as President, duly authorized for the purposes hereof (hereinafter "The Cake Design Academy" or "the seller" or "the provider")
The Cake Design Academy operates a website accessible at https://www.thecakedesignacademy.com (hereinafter referred to as the "Site") and, on the other hand, persons wishing to make a product purchase or a workshop or training reservation via the Site, hereinafter referred to as "the customer" or "the buyer" or "the beneficiary".
These General Terms and Conditions of Sale (hereinafter the "GTCS") govern the commercial relationship between The Cake Design Academy and the customer. The Cake Design Academy reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the user.
Article 1: Purpose
The Cake Design Academy offers a range of products for sale, as well as services such as pastry and cake design workshops and training courses for individuals and professionals. The different themes are presented on its website at
www.thecakedesignacademy.com
The content of the workshops and training courses, their location, dates, times and prices are presented on the website.
The reservation and purchase of one or more pastry/Cake Design workshops or training courses implies the customer's unreserved acceptance of these general terms and conditions of sale. These can be viewed on the https://www.thecakedesignacademy.com website.
These Terms and Conditions set forth the rights and obligations of the parties with respect to the online sale of Products or Services by The Cake Design Academy.
Article 2: Goods and services
The Cake Design Academy website offers workshops and training courses in patisserie and cake design, as well as patisserie products and accessories.
The detailed content, location, date and time, as well as workshop prices, can be consulted on the site. The detailed content of the products and accessories can be consulted on the site. The purchase or reservation of one or more goods or services implies the customer's unreserved acceptance of these terms and conditions of sale.
Offers of goods and services are valid as long as they are visible on the site, while stocks last.
Other products and services offered by The Cake Design Academy, such as the ordering of personalized cakes, are not offered for sale online.
The Cake Design Academy reserves the right to postpone or cancel workshops and training courses in the event of a speaker's failure or insufficient numbers of participants. If it is not possible to reschedule the workshop/training to another date convenient to the customer, the cost of the course will be reimbursed.
Article 3: Rates
The prices of products and services sold on the website are indicated in euros, all taxes included. Product prices do not include delivery charges. The amount of delivery charges is indicated on the site when the customer chooses delivery.
The Cake Design Academy reserves the right to modify its prices at any time, it being understood however that the price shown on the order form and validated by the user at the time of payment is the only one applicable for the order concerned.
Article 4 : Payment
Payment is due upon reservation by credit card, check or PayPal. Payment can also be made with gift cards sold on the seller's website.
By communicating his/her bank details at the time of sale, the Customer authorizes The Cake Design Academy to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or of it being impossible to debit the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted, and no third party can gain knowledge of it during transport on the network.
Products remain the property of The Cake Design Academy until full payment has been received.
Article 5: Ordering
Any order implies acceptance of the prices and description of the products and services available for sale. Confirmation of the order implies acceptance of these terms and conditions of sale.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately. In the event of an error in the Customer's contact details, The Cake Design Academy cannot be held responsible for the impossibility of delivering to the recipient.
Once the order has been paid for, no changes can be made, as payment constitutes final acceptance of the order.
Confirmation of the order will be sent to the customer by e-mail after payment has been confirmed.
The Cake Design Academy undertakes to honour orders received on the website within the limits of available stocks. In the event of unavailability of one or more products ordered, the customer will be informed in order to postpone delivery, replace the unavailable products by equivalent products or refund the unavailable products.
The Cake Design Academy reserves the right to cancel or refuse any order from a Customer with whom there is a dispute.
Article 6 : Delivery terms
Products are delivered only in metropolitan France, to the delivery address indicated at the time of order and within the time indicated.
The Customer is responsible for the delivery information. This information must be precise, accurate and complete. The Cake Design Academy cannot be held responsible for a return delivery due to an address error or the impossibility of delivering to the address indicated.
Products are shipped by La Poste. The Cake Design Academy cannot be held responsible in the event of mail delivery problems, strikes or the absence of the recipient at the address indicated.
The Vendor undertakes to deliver to the customer within a maximum of 30 days from the day following that on which the order was placed. All other delivery times are given as an indication only; the times indicated on the site are average times usually observed and correspond to order processing times, to which must be added the carriers' dispatch times.
Article 7: Withdrawal period
For products ordered :
In accordance with article L.221-18 of the French Consumer Code, the Customer has a period of 14 days from receipt of the Product to return, at his or her own expense, any Products that do not suit him or her, provided that the Products are returned in their original packaging and in perfect condition.
All returns must be made within 14 days of receipt of the products by the customer.
Damaged, soiled or incomplete Products cannot be taken back.
For workshops and training courses:
No right of withdrawal under article L 121-20-4 of the French Consumer Code.
The Cake Design Academy's patisserie and cake design workshops and training courses constitute a catering service provided on a specific date or at a specific time in accordance with the provisions of article L 121-20-4 of the French Consumer Code.
Consequently, the customer is informed that he/she does not benefit from the right of retraction provided for in article L 121-19 of the French Consumer Code.
Once paid, reservations cannot be cancelled or refunded. Reservations may be postponed at the customer's request within 15 days of a workshop or 30 days of a training course. The request must be made by e-mail to contact@thecakedesignacademy.com.
The postponement is effective after confirmation by The Cake Design Academy to the customer.
Article 8: Warranties
In accordance with the law, the Vendor assumes two warranties: of conformity and of hidden defects. The Vendor will reimburse the purchaser or exchange products that appear to be defective or do not correspond to the order placed. Requests for refunds must be made by contacting the Vendor by e-mail or by letter. The Vendor reminds you that the consumer: has a period of 2 years (24 months) from the date of delivery of the goods to take action against the Vendor, and may choose between replacement or repair of the goods, subject to the conditions set out in the aforementioned provisions.
In order to assert his/her rights, the Customer must inform The Cake Design Academy by e-mail.
Article 9 : Liability
Pastry/Cake Design workshops and training courses require the active participation of the customer. In order for the course to run smoothly, the customer agrees to abide by the rules of procedure, hygiene and safety explained by the instructor.
The Cake Design Academy cannot be held responsible for any personal injury sustained by a participant during a workshop. Furthermore, The Cake Design Academy will not be held responsible for any damage or loss of objects or personal belongings brought by participants.
Article 10 : Intellectual property rights
The Cake Design Academy, the site, domain names, recipe sheets, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
Article 11 : Force majeure
The performance of The Cake Design Academy's obligations hereunder shall be suspended in the event of the occurrence of a force majeure event that would prevent the performance of one or more services. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 12 : Absence and delay
In the event of absence, the course cannot be reimbursed or postponed. To ensure that the course runs smoothly, customers are asked to call The Cake Design Academy if they are going to be late.
Article 13: Withdrawal and withdrawal from the course
If the beneficiary is prevented from attending the training course due to duly recognized force majeure, the professional training contract is terminated. In this case, only the services actually provided are due, prorated to their scheduled value.
In the event of cancellation by the beneficiary before the start of the training program:
- More than 1 month before the start of the training program: 50% of the cost of the training is due.
- Between 1 month and 2 weeks before the start of the course: 70% of the cost of the course is due.
- Less than 2 weeks before the start of the course: 100% of the cost of the course is due.
In the event of early termination of the training course by the training organization, the present contract shall be terminated in accordance with the following financial terms: payment of hours actually attended on a prorata temporis basis.
In the event of renunciation by the beneficiary after the start of the training course, not justified by force majeure:
1. Financing by the beneficiary:
- 100% of the cost of the training course is payable by the beneficiary.
2. External financing:
- The services actually provided will be paid directly by the financing organization on a prorata temporis basis according to their contractual value;
- The beneficiary will pay the provider the balance of the cost of the training course not paid by the financing organization. This amount cannot be reimbursed by the funding organization.
Article 14: Complaints
For any complaint regarding the purchase of one or more products, the customer should contact the seller by logging on to the www.thecakedesignacademy.com website and going to the contact page.
In the event of a dispute, the Buyer may make any claim by contacting the company by e-mail or by letter.
Any dispute between The Cake Design Academy and the customer relating to these terms and conditions of sale or to the realization of a pastry workshop, failing amicable resolution, the dispute will be brought before the Commercial Court of Melun.
Article 15: Applicable law
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
Updated on 01/10/2022
