REGARDING THE CONSUMERS 

1. Area of application 

These General Terms and Conditions of Sale apply and are deemed to have been accepted by any person who visits this site and/or orders the products offered for sale by the company COLIBRI, company limited by shares (SAS) with a capital of € 305.140 registered in the Saint-Malo Commercial Register under number 393 891 825 and with its registered office at 27, Avenue Franklin Roosevelt, 35400 SAINT-MALO - FRANCE. 

Through this Site, it offers for sale various products that Internet users, individuals/consumers rEurope, can obtain, in particular through a secure online payment procedure implemented and managed by the banking institutions whose services it has engaged. THE COLIBRI COMPANY  uses service providers to enable the delivery of products ordered by the Customer through the aforementioned Site, subject to the conditions and deadlines indicated on the Site at the time of the order. The Site is available in English, as are all steps, electronic or otherwise, necessary for the confirmation of the order from and by the Customer. The sales agreements concluded between the COMPANY COLIBRI and the Customer are therefore in English. To contact the COMPANY COLIBRI, you can use the contact form on this SITE. 

2. Definitions 

• "GTU": refers to the General Terms of Use, which can be viewed by clicking on the link at the bottom of the Site. 

• "GCS": refers to these General Terms and Conditions of Sale 

• "Customer(s)": means any consumer and major non-professional who accesses the Site as a simple visitor and/or creates an Account on the Site and/or places Orders with the COLIBRI COMPANY 

• "Account": refers to the personal account created by the Customer on the Site.  

• "Order(s)" means any order for Products placed by a Customer through the Site.  

• “Product(s)”: refers to the products sold by COLIBRI COMPANY on the Site, namely standard products and personalized Products defined below, sold by COLIBRI COMPANY on the Site. 

• “Standard Product(s)”: refers to the products offered for sale by COMPANY COLIBRI on the Site, and in particular: 

• Classic confectionery products (madeleines, financiers, cakes, etc.), which cannot be personalized. One type of classic confectionery products is sold per pack. the goodies (bag, mug, etc.). 

• "Personalized product(s)": refers to the madeleines that can be configured by the Customer via the Site, and then sold in an iron box.  

o "Standard Box": the Customer chooses not to modify the box, 

o "Engraved box": the customer chooses to personalize the box by engraving a personal message.   

• "Gift Card(s)": means the gift cards sold by the COLIBRI COMPANY on the Site that can only be used to purchase personalized Products. The amount and period of validity of the Gift Cards are determined in advance by the COMPANY COLIBRI. 

• "Site": refers to all or part of this site accessible at the URL https://www.maison-colibri.com 

• “COLIBRI COMPANY” means the COLIBRI COMPANY as identified in the “Area of application” section. 

• “Services”: refers to all or part of the services accessible through the Site, in particular the ability to place and track Orders. 

3. Products and Gift Cards 

The personalized products offered for sale are those produced by the Customer through the Site. The Customer who wishes to purchase the Personalized Products must click on the "Personalize" tab of the Site to: 

• Choose the design of the box, 

• Choose between a standard box or an engraved box. 

Adding a Product to the shopping cart does not mean that the Order has been accepted. It is therefore possible that all or part of the quantity of a standard Product placed in the Basket is no longer available at the time of confirmation of the Order. The Customer will then be informed directly or before the final validation of his Order.  

The COLIBRI COMPANY does not guarantee the absence of errors on the Site, in particular in the descriptions of the Products, but will do its best to correct as soon as possible any errors reported by a Customer in this regard. 

4. Account 

1. Creating an Account 

4.1.1. Without Placing an Order 

The Customer can create an Account by browsing the Site, regardless of placing an Order.  

To create an account, the Customer must: 

• Create a unique login by entering an email address 

• Create a password 

• Provide the following information: Title, Last Name, and First Name 

• State the date of birth (optional) 

• Indicate whether he wishes to be contacted electronically by COMPANY COLIBRI in particular in the context of commercial prospecting and tick the appropriate box.  

The creation of the Account by the Customer constitutes acceptance of the GCS.  

4.1.2. When placing an Order 

To place an Order, the Customer must create an Account on the Site if he has not already done so when visiting the Site (see supra, 4.1.1).  

To do so, the Customer must create his unique identifier by providing his e-mail address, and create his unique password.  

In order to proceed with his registration, he must also provide the following information: 

• Title 

• Name and Surname 

• Exact delivery address 

• Billing address if different from the delivery address 

• Telephone number 

• Accept the GTU and GCS by checking the appropriate box 

2. Customer and information provided 

The Site is not intended to offer products or services intended for minors and therefore Customers who create an Account declare that they are of legal age. 

Likewise, this site is intended for individual customers, and for any order placed in a professional context (works councils, seminars, etc.), the customer is invited to visit the address www.maison-colibri.com/en/info/professional-space or by clicking on the “Business gifts” tab or by contacting the COLIBRI COMPANY Customer Service at the address: entreprise@maison-colibri.com. 

4.4. Account management 

From his Account, the Customer has the option to: 

• consult the history of the orders 

• download invoices 

• fill in optional information (for example, his date of birth) 

• change all or part of the information already entered; If an Order is in progress, the update of the information, in particular the delivery address, applies to the next Order. 

4.5 Suspension or deletion of the account 

The Customer has the possibility to delete his Account at any time by contacting the COMPANY COLIBRI by email at madeleine@maison-colibri.com. In such event, a warning is given that the Services offered by the Site will no longer be accessible. In case of non-compliance by the Customer with the General Terms and Conditions or these General Terms and Conditions, or in the event of knowledge of illegal activities by the Customer on the Site, the COLIBRI COMPANY reserves the right to cancel the Customer's Account at suspend or remove without prior notice.    

5. Order 

1. Product availability 

The products presented on the site are available and in stock. However, management of inventory display may be out of step with our actual inventories. This may lead to a change in order preparation times. The concerned Customer will be informed with a possible commercial offer (exchange, discount or other as the case may be). In the event of definitive unavailability, the COMPANY COLIBRI will inform the Customer to make an appropriate proposal: exchange of the product for an equivalent reference or refund. Definitive unavailability does not entitle the Customer to compensation or damages, but may lead to cancellation and refund of the order. 

In case of temporary unavailability of a product, the COMPANY COLIBRI will inform the Customer as soon as possible of the new deadlines for the concerned product. If this unavailability is excessively extended, the COMPANY COLIBRI will do its best to offer the Customer an equivalent product or, failing this, cancel the order and refund the Customer. In the event that the COMPANY COLIBRI sends an equivalent product, the Customer can exercise his right of withdrawal within the legal period, the return costs will then be reimbursed. 

2. Display and product information 

In the event of a minor change in the visual aspects of the packaging (excluding capacity, container and conditions of execution and use), in particular in the context of a change of packaging without changing the content, the responsibility of the COLIBRI COMPANY will not be accepted. 

The product presentation texts are a true representation of the information sent by our manufacturers and suppliers and are not the responsibility of the COMPANY COLIBRI. 

3. Order placement 

The Customer's connection to his Account by entering his username and password allows him to be reliably identified and binds him for any order placed in this way. 

For each Order placed, the Customer is requested to: 

• select the standard products by adding them to the shopping cart, 

• and/or add the personalized Products to his shopping cart previously configured and confirmed on the Site. 

• and/or by adding one or more Gift Card(s) to his shopping cart. When the customer chooses a Gift Card: 

o he must provide the title, first name, last name and email address of the recipient of the Gift Card, 

o he can send a personalized message to the recipient. 

Once the Products have been selected and added to the Shopping Basket, the Customer can validate his Order, choose the delivery method and payment method. 

A full summary of the Order will be provided before it is completed. 

4. Price 

The price that serves as the basis for the commercial terms below is the general rate for branded products sold and distributed outside mainland France. 

It may be subject to value added tax depending on the thresholds determined in the country of delivery and any change in the legal rate of this tax will be reflected in the price of the products presented on the Site on the date determined by the legal text or applicable regulations. Prices are subject to change at any time, in particular due to variations in supplier prices, an introductory offer, promotions or sales. The costs of packaging, handling and shipping are subject to constant change and improvement. The shipping costs will not be refunded in case of cancellation of an order outside the legal withdrawal period after shipment and will therefore be deducted from the amount of the refund by the COMPANY COLIBRI that will be made within 15 days of the cancellation. Participation in shipping costs may be covered in whole or in part by the COMPANY COLIBRI on an ad hoc basis. 

The COLIBRI COMPANY reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date. 

When ordering, the full price must be paid. The amounts paid can at no time be regarded as a deposit or advance. 

5. Payment and confirmation of the Order 

6. Digital signature 

The online provision of the buyer's credit card number and the final validation of the order constitute proof of the buyer's agreement: 

- affordability of the amounts due under the purchase order, 

- signature and express acceptance of all operations performed. 

In the event of fraudulent use of the bank card, the buyer is requested to contact (macommande@maison-colibri.com)

7. Order confirmation 

The seller will provide the buyer with a copy of the contract, electronically or on another durable medium, confirming the express commitment of the parties. 

8. Proof of transaction 

The electronic data stored under reasonable security conditions in the computer systems of the supplier and its partners will be considered as evidence for communication, orders and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium that can be supplied as proof. 

9. Order refund methods 

6. Delivery and pick up 

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The Products are shipped in suitable packaging to ensure their quality. 

• with carrier, to be collected at a pick-up point: in this case, the Customer has the right to choose a collection point of his choice and will be informed by email and through his account of the availability of the Order at that collection point. 

The Order can be collected during the opening hours of the collection point, which the Customer must verify himself, in particular via the carrier's site. 

If the Customer cannot revoke the Order within ten (10) calendar days from the date of availability at the relay point, the Order will be returned to the COLIBRI COMPANY. The Order will then be considered abandoned by the Customer and resolved in favor of the COLIBRI COMPANY with no right to refund. 

• with a carrier at home or at the workplace: in this case, the Customer will be informed of an arrival date of the deliverer by e-mail and via his account. The Customer may, if necessary, contact the carrier to agree on a different delivery date. 

If the Customer cannot receive the Order at home within ten (10) calendar days from the original delivery date, the Order will be returned to the COLIBRI COMPANY. The Order will then be considered abandoned by the Customer and resolved in favor of the COLIBRI COMPANY with no right to refund. 

All collections and deliveries are made against the signature of the Customer and upon presentation of proof of identity. Where appropriate, the Customer may authorize a third party to withdraw its order, provided that the latter presents proof of identity from the Customer, as well as confirmation of the Order's availability. 

The transfer of risks at the expense of the Customer takes place at the time of delivery and/or withdrawal. From that moment on, the Customer only bears the risks of the Products and accepts all damage in this respect without prejudice to the rights available to him and stated in the Article "Returns and Warranty". 

7. Returns and Warranties 

Without prejudice to the legal guarantees available to the Customer, the Customer undertakes to notify the carrier, in case of home delivery, or to the manager of the collection point, in case of collection at a collection point, to report any defects, damage or apparent non-conformities of his Order (damaged packaging, missing products, etc.), by reporting this on the delivery note of the carrier and/or receipt at a collection point. If this does not happen, the Customer will notify the COMPANY COLIBRI directly using the online form accessible at the address https://www.maison-colibri.com/contact/ or at the latest at the address macommande@maison-colibri.com within twenty-four (24) hours of delivery. 

In the presence of a proven non-conformity or hidden defect, and without prejudice to the Customer's rights under these legal guarantees, the COMPANY COLIBRI will offer, at the Customer's option, to reimburse it within a maximum period of fourteen (14 ) calendar days, or to completely replace the Order. 

8. Revocation 

9. Liability 

9.1 The COLIBRI COMPANY shall not be liable for any indirect, incidental or incidental damages, whether foreseen or unforeseen, caused to the Customer or to a third party and in particular loss of income or profit, loss of data or equipment, including repair costs, reproduction, recovery of such losses, whether as a result of using the Site or as a result of an order. 

The COMPANY COLIBRI cannot be held liable in the event of damage caused by the customer or a third party, or in case of force majeure, understood as any event recognized as such by French Irish law and jurisprudence, as well as any blockage or delay of electrical and/or telecommunications networks, any delay or stoppage of means of transport and/or any strike at the carriers responsible for Orders. 

In any case, taking into account the distribution of risks between the COMPANY COLIBRI and the Customer, the total liability of the COMPANY COLIBRI will be limited: 

• If the damage occurs during an Order: in the total amount of the relevant Order; 

• If the damage occurs outside of any Order: to a maximum of a fixed amount of 50 euros. 

9.2 The Customer undertakes to order Products for personal use only. Any marketing, resale or distribution of the Products is prohibited.  

- Politicized content, i.e. any content with a political connotation, or which may be related to a candidate or a political party. 

10. Personal Data 

The Customer's data is also accessible to the subcontractors of the COMPANY COLIBRI (in particular for hosting the Site and for transporting Orders) who act according to their instructions and who must take appropriate protection measures for this personal data.  

The data may, if necessary, be transferred outside the European Union, provided that in such case such transfers will be framed by appropriate safeguards, such as the conclusion of the European Commission's standard contractual clauses. 

Information relating to the Customer is kept: 

• for a period of 3 years, thereafter kept in interim archives for the duration of the applicable statutory limitation period (5 years until so far); 

• For a period of 13 months after the debit date when paying by credit card for bank details; 

• For a period of 13 months from their implementation/creation in the case of cookies. 

In accordance with the applicable regulations on the protection of personal data, the Customer has: 

• Right of access, rectification, erasure, restriction, opposition and portability of information concerning him; 

• the possibility of transmitting guidelines to the COMPANY COLIBRI to organize the fate of the data concerning him (retention, deletion, communication to a third party, etc.) in the event of death; 

The Customer is informed that the COMPANY COLIBRI has appointed a data protection officer and that he can be contacted, in particular to exercise the above rights, at the following email address: dpo@maison-colibri.com.     

However, the Customer's attention is drawn to the fact that his opposition or his request for restriction or deletion may have an impact in practice and as the case may be, or make it impossible to take into account certain requests or the execution of certain Orders. 

The Customer also has the right to appeal to a national supervisory authority such as  Data Protection Commission in case of violation of the applicable regulations on the protection of personal data and in particular the European Regulation No. 2016-679. 

11. Intellectual property 

12. Development of this GCS 

The COLIBRI COMPANY may change the terms of this GCS at any time. 

These changes are binding on the Customer as soon as they are put online and for any use of the Services and in particular any Order placed after this online publication. It is therefore recommended that the Customer regularly consults the GCS accessible through the Site in order to take note of these new conditions. 

13. Tolerance 

The fact that the COMPANY COLIBRI does not make use or delays the application of a provision of the GCS cannot be interpreted as a waiver of the use of this provision in the future. 

14. Applicable Law 

The GCS and all relationships with Customers are governed and interpreted in accordance with the irish law. 

15. Mediation and Disputes 

Customers may submit to mediation any dispute or dispute arising from the use of the Services, the Site and/or arising from an Order. 

The Customer can therefore use the European Union's online intermediation on the following site: 

16. Ethics and Compliance 

The COLIBRI COMPANY is committed to an ethics and compliance program based on respect, integrity and accountability, and expects its Clients to commit to complying with national and international standards related to anti-corruption, sanctions. rights, environmental protection and competition law. In particular, the Customer represents that, in the context of commercial relations with the Company, its legal representatives, directors, officers and employees will not accept, directly or indirectly, the payment of any sum of money, the delivery of a gift or anything otherwise of value or to confer any other unfair advantage in connection with such commercial relationships to (i) any person or any company, or (ii) any official or employee of the state or political party or a candidate for any political party, for the purpose of inciting or rewarding any action by that person to gain an undue advantage. Failure to comply with these obligations may lead to the suspension or cancellation of pending orders or deliveries and the termination of commercial relationships.