Terms and conditions of sale

PREAMBLE

The website at aozan-patisserie.com (the “Website”) is owned by the sole proprietorship AOZAN, whose registered office is at Rue du Crêt-Georges 47, 2720 Tramelan, Bern, Switzerland (the “Company”).

The website is hosted on the WIX platform.

These provisions comprise the Terms of Use and the General Terms and Conditions of Sale. They govern the contractual relationship between the Company and any individual or legal entity acting in a professional or private capacity (the “Customer” or “User”) who wishes to make a purchase on the Website. The Company's offering includes, in particular, handcrafted cakes and pastries made to order, as well as specialist equipment (moulds, embossing tools and cutters) produced using 3D printing (the “Products”). These terms take precedence over any other document or conflicting clause issued by the Customer.

Any order placed with the Company implies full, tacit and unconditional acceptance of these Terms of Use and Sale, which are available on the Website at any time. Specific conditions may supplement them by written agreement between the parties.

By confirming an Order, the Customer certifies that the information provided is accurate and acknowledges having read these terms. Customers are advised to consult this page regularly, as the Company reserves the right to update its terms and conditions.

Access to the Website and order confirmation are conditional upon acceptance of these terms. Anyone who disagrees with any of these conditions should not use the Website or place an order.

I. TERMS OF USE OF THE WEBSITE

Article 1 – Access to the Service and Eligibility

The Website is open to individuals with full legal capacity under the laws of their country of residence. By using it, Users confirm that they are adults or have the required parental permission for minors under their care.

“User” means any visitor, whether acting in a private capacity (consumer) or a professional capacity (Customer).

Access to the Website is free. Internet connection and equipment costs are borne exclusively by the User. These terms also govern interactions on the Company's social media accounts, alongside the rules specific to each network.

Article 2 – Status of Information and Content

The text, images and audio (the “Content”) published on the Website are provided for information purposes only.

Although the Company endeavours to keep this information up to date, it cannot guarantee its accuracy at all times. Accordingly, it disclaims liability for damage arising from errors or outdated information. It reserves the right to correct Content at any time without notice.

Article 3 – Links to Third Parties

The Website may link to external platforms. As these third-party sites are outside the Company's control, it does not endorse or accept responsibility for their content, products or services. The User is solely responsible for any damage arising from visiting such resources.

Article 4 – Personal Data Management

In the course of its business, the Company processes personal data necessary to manage orders.

As the data controller, the Company applies a strict privacy policy:

Data minimisation: Only information strictly necessary to provide the service is retained.
Restricted access: Internal consultation is limited to the Customer's direct needs.
Right to erasure: All data is deleted in full within a maximum of twelve (12) months after the order.

Under applicable law, you have extensive rights, including access, rectification, erasure and data portability. To exercise them, contact the Company by post (Rue du Crêt-Georges 47, 2720 Tramelan, SWITZERLAND) or email contact@aozan-patisserie.com. No data is shared with third parties for commercial purposes without your express consent.

Article 5 – Use of Cookies

The user experience relies on technical cookies. These files are stored on your device to improve browsing and remember your preferences.

These cookies have a lifespan of twelve (12) months. Users may block them through their browser settings, acknowledging that doing so may impair some Website features.

Article 6 – Limitation of Liability

6.1. Service Continuity: The Company undertakes to use reasonable efforts to keep the Website available. It is not liable for interruptions due to maintenance, network failures, cyberattacks or force majeure. It may suspend or modify Website access without prior notice.
6.2. Limitation of Compensation: The Company accepts no liability for indirect losses (loss of profits, reputation or data). In all cases, if direct fault by the Company is established, compensation is strictly limited to the coverage caps under its insurance policies.
6.3. Reporting Procedure: Any complaint or damage must be reported in writing (registered letter or email) within 48 hours of occurrence, failing which the right to claim may lapse.

Article 7 – User Obligations and Code of Conduct

7.1. Compliance: When browsing and using the services, Users undertake to comply fully with applicable national and international law and use the Website only for its intended technical purposes.
7.2. Prohibited Uses: It is strictly forbidden to use the Website or its content to:
- Unlawful activities: Facilitating, carrying out or encouraging acts contrary to applicable laws or regulations.
- Infringement of rights: Violating the intellectual property rights of the Company or third parties.
- Abusive behaviour: Publishing defamatory, insulting, harassing or discriminatory statements based on gender, sexual orientation, religion, ethnicity, age, origin or disability.
- Technical misconduct: Introducing viruses, corrupted code or any device intended to compromise the Website's integrity or online security.
- Unfair data collection: Extracting others' personal data or using automated methods (scraping, phishing or spamming) to obtain information.
- Inappropriate content: Distributing obscene, immoral or misleading material.
7.3. Indemnification: The User agrees to fully indemnify the Company against any complaint, legal action or claim by third parties resulting from improper use of the Website. This indemnity extends to legal expenses, financial losses and damage to the Company's reputation.
7.4. Cooperation with Authorities: In cases of suspected fraud or confirmed offences, the Company may provide competent judicial and regulatory authorities with the data and evidence needed to pursue those responsible.

II. GENERAL TERMS AND CONDITIONS OF SALE

Preamble

AOZAN (the “Company”) sells its creations (the “Products”) through www.aozan-patisserie.com. Offers are available to private customers (consumers) and professionals. Customers acknowledge that these Terms of Sale apply differently according to their legal status, as set out below.

Article 1 – Scope and Purpose

These Terms of Sale exclusively govern the Company's sales of Products. Together with the Terms of Use and order summary, they form the complete contractual basis binding the parties. Other materials (catalogues, brochures and images) are provided for information only and have no contractual effect.

Article 2 – Acceptance and Enforceability

Customers are invited to read the Terms and Conditions of Sale, a copy of which is always included with the order summary.

Customers accept the Terms and Conditions of Sale by ticking a box before completing a purchase. Final order confirmation (using the two-click process) signifies the Customer's acceptance of the Terms applicable on the transaction date. The Company stores and makes these terms available in accordance with legal requirements.

Article 3 – Product Features and Availability

3.1. Product Information: Each item listed in the Online Store has a description setting out its essential features. The Company endeavours to represent dimensions and finishes as accurately as possible. However, variations may occur depending on the Customer's screen display. Product photographs are for illustrative purposes only and are not contractually binding. The Company may change its offers at any time without prior notice.
3.2. Use and Care: Recommendations are published on the Website or provided on delivery. The Company is not liable for damage caused by improper use or inadequate maintenance by the Customer.
3.3. Compliance: The Products offered strictly comply with Swiss safety, health and consumer protection standards applicable at the time of sale.
3.4. Stock Management: All sales are subject to stock availability.
- If an item is out of stock, the Customer will be informed within five (5) business days.
- An equivalent alternative may be offered.
- If the Customer refuses a replacement, a refund will be issued within two (2) months, with no additional compensation.
3.5. Restrictions: The Company reserves the right, at its discretion, to limit order quantities or delivery areas for certain Products or services.

Article 4 – Bespoke Creations

4.1. Definition and Ordering: Personalised services (“Bespoke Products”) are items designed by the Company according to a Customer's specific instructions. Production is conditional upon acceptance of a detailed quotation. Signing the quotation constitutes a binding purchase order and full acceptance of these Terms of Sale.
4.2. Design Fees: The quotation may include 3D modelling or prototype costs. Any requested change requiring a new prototype will incur additional charges.
4.3. Visual Accuracy: The Company undertakes to comply with the quotation's specifications (materials and dimensions). However, the Customer acknowledges that digital images may differ slightly from the physical product depending on device settings.
4.4. No Right of Withdrawal: In accordance with applicable law, the Customer has no right of withdrawal after approval of an order for clearly personalised goods.
4.5. Care: Care instructions are specified in the quotation or provided when the product is handed over. The Company accepts no liability for damage caused by improper care by the Customer.

Article 5 – Sales Offers

5.1. Geographic Area: The offers on the Website are intended for Customers residing in Switzerland, with delivery within Switzerland only, for pastries. All other offers are available to Customers in Switzerland and internationally.
5.2. Validity: Unless stated otherwise, offers remain valid while displayed on the Website and subject to stock availability. The agreement becomes binding upon the Customer's final order confirmation.

Article 3 – Ordering Process

6.1. Identification: The Customer undertakes to provide truthful and accurate information (identity, contact details and delivery). The Company may block any order with apparently incomplete or fictitious information.
6.2. Purchasing Process: To complete a purchase, Customers select products, review their basket and confirm their order using a two-click process. A confirmation email summarising the purchase and payment is sent without delay.
6.3. Order Checks: The Company may refuse orders for legitimate reasons (unusual quantities for a private customer, suspected fraud). If fraud is established, information may be disclosed to the relevant authorities.
6.4. Changes: Requests must be sent to contact@aozan-patisserie.com. The Company may accept or refuse them and may also adjust product specifications in line with regulatory technical developments.

Article 7 – Formation and Termination of the Contract

7.1. Formation: The sale is deemed concluded when the Customer gives final approval.
7.2. Evidence: Communications, order confirmations and invoices are archived securely and may serve as evidence between the parties in a dispute.
7.3. Cancellation and Termination:
- The Customer may request cancellation of the sale by registered letter in the circumstances provided by law.
- The Company may automatically cancel the order at the Customer's fault in the event of non-payment or refusal to accept delivery. Cancellation will be notified in writing and requires no court intervention.

Article 8 – Pricing and Invoicing

8.1. Sale Prices: In accordance with consumer information laws, Product prices are stated in euros and include all taxes (VAT included). Shipping costs are excluded and itemised before final confirmation. The full amount payable is clearly shown in the order summary.
8.2. Price Changes: The Company may adjust its prices at any time. However, the price charged for an order will be the one shown on the Website when the order is confirmed.
8.3. Additional Charges: Transport and delivery costs are payable by the Customer. If certain specific charges cannot be determined in advance, they will become payable once assessed.
8.4. Invoicing: By default, invoices are sent electronically to the Customer's email address upon delivery. Customers must keep their contact details up to date. A paper copy may be sent by post upon express request.
8.5. Early Payment Discount: No discount is granted for early payment.

Article 9 – Payment Terms

9.1. Payment Due and Security: Payment in full is due when the purchase is confirmed. Payments can be made by bank card, Apple Pay, Google Pay, Klarna or PayPal using secure protocols. The terms and conditions of the respective payment providers apply. For Custom-Made Products, the balance is payable upon receipt of the invoice, subject to any deposit paid when the quotation was accepted. The Customer may not rely on a complaint to suspend payment or set off amounts owed.
9.2. Additional Services: Any additional charge requires the Customer's express consent. Without clear agreement (for example, where an option was accidentally preselected), the Customer may seek reimbursement of improperly charged amounts.
9.3. Late Payment: Any amount not paid by its due date automatically accrues late-payment interest at three times the statutory rate, without prior notice.
9.4. Penalties for Non-Payment:
- For Private Customers: In the event of non-payment, the Company may demand completion of the sale or cancel the agreement by written notice. Deposits already paid may be retained as compensation.
- For Business Customers: Any delay makes all outstanding amounts immediately payable. In addition to late-payment interest (three times the statutory rate), a fixed €40 recovery charge applies to each unpaid invoice.
9.5. Retention of Title: The Company retains full ownership of sold items until actual receipt of full payment. Until ownership transfers, the Customer bears all risks and must ensure that the products are properly stored and protected.

Article 10 – Shipping and Receipt of Products

10.1. Nature of Delivery: Delivery means the transfer of physical possession or effective control of the item to the Customer.
10.2. Fulfilment Times: The Company aims to dispatch orders within ten (10) business days of email confirmation. These times are estimates and depend on workload and carriers. A reasonable delay does not entitle the Customer to cancel, reduce the price or claim compensation. Any change requested by the Customer will extend the fulfilment period accordingly.
10.3. Extended Delays: If delivery has not occurred within fifteen (15) business days after the estimated date, the Customer may formally demand performance. If delivery still does not take place within a further reasonable period, the agreement may be terminated in writing (by registered letter or another durable medium).
10.4. Receipt and Inspection: Delivery takes place at the address provided on purchase. Customers must inspect the parcels in the carrier's presence. Any damage or missing items must be described precisely on the delivery note.
10.5. Non-Conformity: If an item does not match the order, the Customer must contact the Company to arrange an exchange or, if impossible, cancellation of the sale.
10.6. Transfer of Risk: Liability for loss or damage transfers to the Customer when the goods leave the Company's warehouse (Art. 185 Swiss Code of Obligations). Where transport is arranged by a service provider, Products travel at the Customer's risk from handover to the carrier.
10.7. Ownership: Ownership transfers only after full payment of the price and any additional charges.

Article 11 – Statutory Warranties

11.1. General Provisions: Under French law, the Company is bound by the statutory warranty of conformity (Consumer Code) and the warranty against hidden defects (Civil Code).
11.2. Statutory Warranty of Conformity: For claims, Customers may contact contact@aozan-patisserie.com.
- The Customer has two (2) years from receipt to bring a claim.
- Consumers may request repair or replacement of the item (subject to the costs incurred by the Company).
- For 24 months after purchase, consumers do not have to prove that the defect existed at delivery.
11.3. Warranty Against Hidden Defects: If a hidden defect makes the product unfit for use, the Customer may invoke Article 1641 of the French Civil Code, returning it for a full refund or retaining it with a price reduction.

Article 12 – Details of Statutory Warranties

12.1. Validity of Clauses: Any provision intended to restrict statutory warranties before a claim is made is void. However, restrictive agreements may be validly entered into after a dispute arises, in accordance with the Consumer Code.
12.2. European Protection: Although governed by French law, Customers residing in the European Union retain the protection of mandatory consumer law provisions in their home countries.

Article 13 – Procedure for Non-Conforming Products

If an item received does not match the approved specifications, the Customer must submit a detailed claim. The Company may require the product to be returned for inspection.

Approved claim: Depending on the Customer's wishes and technical possibilities, the product will be replaced or refunded (by credit note or bank transfer).
Rejected claim: If an inspection finds the product compliant, it will be returned to the Customer at the Customer's sole expense.

Article 14 – Product Safety

If damage arises from a product safety defect, the manufacturer is responsible. Customers should refer to the producer's contact details on the product label or packaging to pursue a claim.

Article 15 – Compensation for Non-Performance (Penalty Clause)

If the Customer fails to fulfil their contractual obligations, any sums paid to the Company when ordering shall automatically be retained as fixed compensation.

Article 16 – Limitation of Liability and Exemptions

16.1. Exclusions: The Company accepts no liability where non-performance results from the Customer's fault, unforeseeable third-party actions, force majeure or events beyond its control.
16.2. Local Compliance: International Customers are responsible for ensuring that ordered products are permitted in the destination country. The Company is not liable for breaches of foreign law.
16.3. Protection of the Company: The Customer agrees to indemnify and hold the Company harmless against third-party proceedings or financial penalties resulting from improper product use or breach of these terms.

Article 17 – Terms of the Right of Withdrawal

17.1. Exercise of the Right: Under the Consumer Code, Customers acting as consumers have fourteen (14) calendar days from receipt of their order to withdraw. They must notify the Company clearly and unequivocally by post (Rue du Crêt Georges 47, 2720 Tramelan, SWITZERLAND) or email (contact@aozan-patisserie.com). A model withdrawal form is provided for this purpose.
17.2. Return Procedure: After notifying their decision, the Customer has fourteen (14) days to return the items at their sole expense, together with the invoice and signed return form.
- Condition of returned products: Only unused items in like-new condition, complete with accessories and instructions and in their original packaging, will be accepted.
- Shipping Responsibility: Customers may choose their carrier but remain responsible for protecting the parcel until received by the Company. Damaged, soiled or incomplete products will not be refunded.
17.3. Refunds: After receiving and approving the condition of returned products, the Company will issue a refund within fourteen (14) days. The period runs from actual receipt of the parcel or receipt of conclusive evidence of dispatch. Refunds are made using the original payment method.
17.4. Exceptions to the Right of Withdrawal: Under applicable law, this right of return does not apply to:
- Bespoke Products, items specifically personalised at the Customer's request and perishable goods.

Article 18 – Promotional Offers and Competitions

18.1. Promotions: The Company undertakes to honour advertised promotional prices for orders confirmed during the offer period for explicitly eligible products.
18.2. Prize Draws and Competitions: The Company may occasionally organise free competitions with no purchase necessary.
- Participation: Any User who follows the rules of the promotion (subscription, tagging others, etc.) is considered a Participant and included in the prize draw.
- Ethics and Fraud: Attempts to enter multiple times, use fake accounts or commit fraud will result in immediate disqualification. Profile information is used to verify identity.
- Prizes: Prizes are provided by the Company or its partners and cannot be exchanged for cash, substituted or transferred. If necessary, the Company may replace a prize with an item of similar value.
- Data and Images: Information collected is used solely to administer the competition. By participating, winners agree that their first and last names may be published on the Website or the Company's social media without additional compensation.
- Liability: The Company accepts no responsibility for incidents after handover of a prize, or for loss or theft once possession has transferred. Any dispute must be raised within one month of the competition's conclusion.

Article 19 – Integration of Third-Party Tools and Services

The Website may provide access to third-party services, tools or software.

Independence: The Company does not control or monitor these resources. Their use is entirely at the User's own risk and responsibility.
Disclaimer: As the Company is not party to contracts between Users and these third-party providers, it cannot be held liable for damages, malfunctions or disputes arising from their use.
Indemnity: The User agrees to indemnify and hold the Company harmless against legal action or financial claims brought by third parties as a result of the User's conduct or use of the tools provided.

Article 20 – User Contributions, Feedback and Reviews

20.1. Licence to Use Contributions: When Users or Customers submit content (ideas, visuals, suggestions, testimonials, etc.) to the Company through the Website, by email or on social media (the “Contributions”), they grant the Company a worldwide, royalty-free, unlimited right to use it. The Company may edit, reproduce, publish or translate the Contributions on any medium.
20.2. Contributor's Responsibility: The author of a Contribution warrants that it does not infringe third-party rights (including copyright and privacy rights) and complies with applicable law. Illegal, abusive, pornographic, hateful or cult-related content is strictly prohibited.
20.3. Moderation and Indemnity: The Company may remove, at its discretion and without prior explanation, any content deemed inappropriate or in breach of these terms. Users are solely responsible for their statements and agree to indemnify the Company against related third-party legal proceedings.

Article 21 – Intellectual and Industrial Property

21.1. Website Protection: All Website components (architecture, graphics, logos, software, texts and databases) are the exclusive property of the Company or are used under licence. Any extraction, copying or reproduction, even in part, is strictly prohibited.
21.2. Product Protection: The Company's creations and Products are protected by copyright, trademark law and, where applicable, patent law. Copying, misappropriating or commercialising these designs without prior written consent is strictly prohibited. Unauthorised commercial use may result in immediate legal proceedings.

Article 22 – Assignment and Subcontracting

22.1. Use of Third Parties: The Company may subcontract any or all of its services to contractors of its choosing, which the Customer accepts without reservation.
22.2. Assignment: The Company may assign or transfer its rights and obligations under this agreement to any third party. By accepting these terms, the Customer consents in advance to such substitution.

III. PROVISIONS COMMON TO THE GENERAL TERMS OF SALE AND TERMS OF USE

Article 1 – Force Majeure and Exceptional Events

1.1. Suspension of Obligations: The Company is not liable where performance of its obligations is hindered, delayed or prevented by force majeure, meaning events that are unforeseeable, unavoidable and beyond the parties' control.
1.2. Equivalent Events: By express agreement, the following constitute force majeure, even if only partially: strikes (general or among subcontractors), health emergencies or epidemics, telecommunications or hosting outages, fires, floods and supply delays attributable to the Company's suppliers.
1.3. Effects: The Company will inform the Customer by email within seven (7) business days after the event occurs. Obligations will be suspended for the duration of the force majeure event. If the interruption exceeds one (1) month, the Company will be released from its obligations without compensation being payable.

Article 2 – Updates to the Terms and Content

The Customer agrees that the Company may, at its sole discretion and at any time, amend the Website and these General Terms of Sale and Use. The terms applicable to a transaction remain those in force when the Customer confirms the order.

Article 3 – No Waiver

The Company's failure at any time to enforce a provision of these Terms or respond to a breach by the Customer shall not constitute a permanent waiver of its rights. No indulgence, regardless of its frequency or duration, creates an acquired right for the Customer or an amendment to the agreement.

Article 4 – Severability (Partial Invalidity)

If any provision of these Terms (of Use or Sale) is declared invalid, void or unenforceable by a court or under new legislation, the remaining provisions shall remain valid. Clauses unaffected by the invalidity retain their full force and binding effect between the parties.

Article 5 – Language, Governing Law and Disputes

Authoritative language: All contractual documents, information and communications on the Website are in French, which alone shall prevail.
Governing law: Contractual relations between the Company and the Customer are governed by Swiss law.
Jurisdiction: Any dispute concerning the interpretation or performance of the agreement falls under the exclusive jurisdiction of the courts at the Company's registered office (Bern), irrespective of multiple defendants or third-party proceedings.
Mediation: In the event of a dispute relating to the purchase of our food products or pastry equipment, the Customer agrees to contact our customer service team first at contact@aozan-patisserie.com to seek an amicable resolution. If no direct agreement is reached, and in accordance with Articles 213 to 218 of the Swiss Civil Procedure Code (CPC), the parties may agree to submit their dispute to independent mediation before bringing legal proceedings. The Customer may also seek advice from the Fédération Romande des Consommateurs (FRC) or a recognised mediation body in Switzerland. Jurisdiction and Applicable Law: This agreement is governed by Swiss law. If mediation or an attempt at conciliation is unsuccessful, the courts with jurisdiction in the Canton of Bern shall have exclusive jurisdiction, subject to mandatory rules on jurisdiction protecting consumers.

Article 6 – Entire Agreement

These Terms of Sale, Terms of Use and any order-specific conditions (such as a signed quotation) constitute the entire agreement between the Company and the Customer and supersede all previous written or oral communications or proposals.

Article 7 – Effective Date

This version of the terms of use and sale officially takes effect on 13 April 2026.