Terms and conditions
Application and acceptance of the General Terms and Conditions of Sale
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
The following Terms and Conditions of Sale (the “Terms of Sale”) (together with any documents referred to herein) shall apply to any online purchase you make of any of Ladurée’s products (the “Products”) completed through the Ladurée website at https://www.laduree.us/ website. This website, including any of its related web pages, content, functionality and services offered thereon (the “Website”) is operated by Ladurée USA Inc. (“Company”, “us”, “our” or “we”), registered under number 4576109 in the State of Delaware, having its registered office at 615 South Dupont Highway, City of Dover 19901, County of Kent.
By purchasing any of the Products on the Website, you accept these Terms of Sale and the terms of any documents expressly referenced herein and agree to abide by them.
I. Definitions
The following capitalized terms used in these Terms of Sale shall have the following meanings:
“Product” shall mean products of any nature offered for sale on the Website.
“Customer” or “you”, “your” shall mean a non-retailer natural person placing the Order and who enjoys full legal capacity.
“Order” shall mean the commitment to purchase all Products selected by the Customer via the e-commerce service of the Website and for which Customer has provided and confirmed its payment details.
“Website” shall have the meaning set forth in the introductory paragraph of these Terms of Sale.
“Product” shall mean products of any nature offered for sale on the Website.
“Customer” or “you”, “your” shall mean a non-retailer natural person placing the Order and who enjoys full legal capacity.
“Order” shall mean the commitment to purchase all Products selected by the Customer via the e-commerce service of the Website and for which Customer has provided and confirmed its payment details.
“Website” shall have the meaning set forth in the introductory paragraph of these Terms of Sale.
II. General Provisions
Sale of Products
The sale of Products on the Website is reserved exclusively for sale to private individuals. In no event may the Website be used by Customers who are professional sellers, alone or in a group, regardless of the method used for the marketing of their products. Accordingly, you hereby acknowledge and accept that the Products can only be purchased in quantities corresponding to the average buying needs of a consumer, both in terms of the number of Products ordered in a single order and in the number of individual Orders corresponding to the usual quantity purchased of the same product by an average consumer. We reserve the right to refuse an order clearly placed by a professional selling Customer.
Resale of Products
You shall not purchase any the of Products on the Website for the purpose of resale to any other party.
III. Contract Formation and Orders
Orders
To place an Order, you may either create an account on the Website or proceed directly with the purchase without opening an account. In both cases, you shall provide the necessary identification information to complete the Order, including name, forename, telephone number, email address and shipping address (“Personal Information”). For an Order to be complete and confirmed, you shall proceed with each of the following individual steps:
(b) Confirm the contents of the cart on the Website;
(c) Accept the Terms of Sale
(d) Provide the necessary Personal Information either directly or by logging into the Account as hereinafter defined;
(e) Choose and confirm the delivery method and its terms and conditions;
(f) Review and confirm information provided for the Order;
(g) Provide payment details; and
(h) Receive notification and confirmation of payment.
During each step described above, and prior to the confirmation thereof, you shall have the option to modify any election made or information provided. You shall be solely responsible for providing true and accurate information and shall make any modifications required. All Orders shall be subject to the Company’s acceptance, which will be conveyed in the form of an email to you, confirming that the Product is being shipped to you (the “Shipping Confirmation”). Products will not be shipped to you until you have made the payment in full and your payment details have been verified by any third-party payment service providers. Further, if you does not receive any confirmation of payment following your Order, it is your responsibility to contact our Customer Service Department. Information on how to contact our Customer Service Department is outlined in Section IX below.
Account
You may create a customer account at no charge on the Website (the “Account”). An Account can be created by completing the form offered on the Website. The Account is strictly personal and allows you to identify yourself before validating each Order. During the creation of the Account, you will enter your Personal Information under your full responsibility, control, and direction and you commit to provide complete, accurate, and up-to-date information and to not usurp the identity of a third-party or hide or modify your age. During the creation of the Account, you will also choose your username and password. Such usernames and passwords are personal and confidential. While we take all reasonable precautions and are committed to protecting the personal data of our Customers, you are hereby informed of the need to keep your password secret and not to disclose it to a third-party for any reason whatsoever. In the event you suspect the use of your username and password by a third party, you must immediately alert us in order for your password to be changed and/or to choose to have your Account closed. We reserve the right to close any Account and/or refuse any sale to you in the event of a payment default on one or more previous Orders. We will provide written notice to you upon such closure.
Customer’s Right to Cancel
You may cancel an Order within two (2) days of placing the Order by emailing us at ladureeus@laduree.com; provided that no Shipping Confirmation has been sent to you. If the Order has already been shipped, you may return, exchange, or refund the Order, in accordance with our return policies set forth in Section VIII below. Once cancelled, charges may be kept on hold on the account for a period of ten (10) business days.
Company’s Right to Cancel
We reserve the right to deny or cancel, at any time, any of your current or future Orders if any of the following situations exist:
(a) Billing / Payment / Shipping Information. Orders cannot be processed due to an error in the information that you provided including, without limitation:
- incorrect credit/debit card number, expiration date or card security number;
- incorrect billing information;
- incorrect or incomplete shipping address; or
- information that Ladurée, in its sole discretion, believes to be fraudulent.
(b) Merchandise Delay or Unavailability. A Product is delayed for shipment from our warehouse or is unavailable.
(c) Resale of Merchandise. If we suspect, in our sole and absolute discretion, that any resale of the Products is occurring by you for your personal or business profit.
(d) Previous Fraudulent Order History. If we suspect, in our sole and absolute discretion, that fraudulent activity is occurring or has occurred in relation to the Order.
IV. Characteristics and Quality of the Products
Availability of the Product
We pay particular attention to the quality of our Products. Our Products are stored under optimum conditions for their conservation, and are prepared and packaged in accordance with strict quality rules. The characteristics of the Products sold on the Website, including but not limited to photographs, graphics, and descriptions of the Products, are given merely as a guide and may vary over time and depending on each individual shipped Product. We reserve the right to remove from sale any Product on the Website at any time and replace or modify any information associated with the Products on the Website. Certain offers may have a limited term of validity, which will be indicated for each Product or each category of Products. We are only able to complete orders received on the Website up to the limit of available stocks. It is possible that a Product indicated as available on the Website may be unavailable at the time of completion of an Order or after such Order has been confirmed. If such event occurs, we shall promptly notify you of the unavailability of the Product and the Order shall be cancelled. Company shall reimburse you for the Product ordered within thirty (30) days after notice was given to you of the unavailability of the Product.
Macaron Assortments
You may have the option to compose your own macaron assortment in Ladurée’s boxes. If you elect to use this option and a flavour of macaron you selected becomes unavailable, we will notify you to this effect and will propose an alternative flavour of macaron. If we are unable to contact you or if you do not provide a response within the time indicated in the notice, we will duplicate a macaron flavour which you have already selected for your macaron assortment.
V. PRICE AND PAYMENT
1. The price of any Product will be as quoted on the Website in U.S. Dollars (the “Price”). The Price excludes applicable state sales tax, and shipping and handling costs, which will be added to the total amount of your purchase. For details of shipping and handling costs, you must refer to the terms set forth on the Website. Prices may change at any time, in Company’s sole and absolute discretion. Such changes will not impact Orders in respect of which we have already sent a Shipping Confirmation to you. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update any information on the Website at any time.
2. Payment is due at the latest upon receipt by you of the Shipping Confirmation. The only forms of payment that will be accepted by Company are credit cards from Visa, MasterCard, American Express, Maestro and Discover, debit cards with a Visa or MasterCard logo, gift cards issued by Company, merchandise credits issued by Company and payment via PayPal or Apple Pay. In order to process the Order, we will need to share your payment details, including card number, the expiry date and any security code requested, with a third party operating the payment system, the company ADYEN. This will be done in accordance with our PRIVACY POLICY, accessible on the Website at https://www.laduree.us/privacy-policy. Please see our PRIVACY POLICY for information regarding the collection and use of your Personal Information from the Website. By providing us with this information, you specifically authorize such action. The request for payment will be submitted in real time on the ADYEN secure payment system, which will confirm that the method of payment is valid (no errors in data entry and no block on the card) and confirm the registration of payment by the issue of a transaction number, or indicate that the transaction has been refused. A final stage of validation, involving your receipt of a validation code, will permit the definitive validation of the payment. In the absence of bank funds, or in the event of refusal by a bank, the Order shall be cancelled automatically, and you shall be alerted to this effect via a-mail. Company shall not be liable for any fraudulent card use.
2. Payment is due at the latest upon receipt by you of the Shipping Confirmation. The only forms of payment that will be accepted by Company are credit cards from Visa, MasterCard, American Express, Maestro and Discover, debit cards with a Visa or MasterCard logo, gift cards issued by Company, merchandise credits issued by Company and payment via PayPal or Apple Pay. In order to process the Order, we will need to share your payment details, including card number, the expiry date and any security code requested, with a third party operating the payment system, the company ADYEN. This will be done in accordance with our PRIVACY POLICY, accessible on the Website at https://www.laduree.us/privacy-policy. Please see our PRIVACY POLICY for information regarding the collection and use of your Personal Information from the Website. By providing us with this information, you specifically authorize such action. The request for payment will be submitted in real time on the ADYEN secure payment system, which will confirm that the method of payment is valid (no errors in data entry and no block on the card) and confirm the registration of payment by the issue of a transaction number, or indicate that the transaction has been refused. A final stage of validation, involving your receipt of a validation code, will permit the definitive validation of the payment. In the absence of bank funds, or in the event of refusal by a bank, the Order shall be cancelled automatically, and you shall be alerted to this effect via a-mail. Company shall not be liable for any fraudulent card use.
VI. Promotional Codes, Gift Cards, and Merchandise Credits
Promotional Codes
Promotional codes issued by the Website may be redeemed for merchandise only on the Website during the time period associated with such promotional code. Expiration dates of promotional codes cannot be extended.
Gift Cards
Gift Cards
Gift cards cannot be redeemed for cash unless otherwise required by applicable law and cannot be replaced if lost, stolen or destroyed.
Merchandise Credits
Merchandise Credits
Merchandise credits have no expiration date and cannot be redeemed for cash unless otherwise required by applicable law.v
VII. Delivery
Terms of Delivery and Risk of Loss
The Products shall be available for delivery only in the United States of America. Delivery shall be completed in accordance with the times indicated for each delivery method, to the address you entered on the Website at the time of the Order. You will be notified of delivery times upon placement of the Order. Depending on the Products you selected, you shall elect the delivery method you prefer from any of the available following delivery methods: (i) delivery by FedEx to the provided shipping address, (ii) delivery by courier, and (iii) click & collect. Risk of loss and ownership of the Products purchased by you shall pass from Company to you at the moment the Product is shipped from the Ladurée warehouse for the Products delivered by FedEx, and upon your receipt of the Products for Products delivered by courier or click & collect. Risk of loss and ownership of the Products being returned to Company shall pass from you to Company upon Company’s acknowledgment of receipt of the returned Products.
Delivery Period
The Products shall be delivered to the address you provided for the Order in a timely manner. Shipping and delivery dates are estimates only and cannot be guaranteed. Company shall not be held liable for any delays in shipments. Each delivery shall be deemed complete once the package has been delivered to you.
VIII. Return, Exchange and Refund Policy
1. In the case of delivery of a non-perishable Product not meeting your expectations, you may return or exchange that Product for any reason within a period of thirty (30) calendar days after receipt of your Order. You may exchange for a merchandise credit or a Product of equal or lesser value. The Product must be returned in its original condition and in its original packaging. Any costs including, without limitation, shipping and handling charges associated with your return of any Products to Company shall be your sole responsibility.
2. For reasons of hygiene and safety, we will not accept returns or exchanges of food Products, unless otherwise agreed by our Customer Service Department. If we agree to a return, the Product shall be returned in its original condition and packaging, accompanied by a proof of purchase.
3. If you exercises your right to cancel an Order as set forth in Section III herein, Company will process the refund due to you within thirty (30) days of after Company’s receipt of your written notice of cancellation.
4. If you return a Product, we will send you an acknowledgment of receipt of such returned Product and will then inspect the returned Product and notify you of any refund via email. Any refunds will be processed within thirty (30) days of the date we receive the Product being returned. We may, in our sole discretion, reject your return if the Product being returned is not in the same condition in which you received it.
5. You must inspect the Products purchased at the place and time of delivery and must notify us of any shortages, defects or any other complaint immediately and in any case within five (5) business days from the date the purchased Products were delivered to you. If you do not give us notice of any shortages, defects or any other complaint within this time frame, the purchased Products will be deemed to have been accepted and in good order. Products returned as a result of a defect, which shall be determined in our sole discretion, will be refunded in full, including all associated shipping and handling charges. All refunds, including Product(s) received as a gift, will be credited to the original form of payment. By accepting any such refund, you, or any other interested party, hereby consents to the waiver of any additional claim which might be lodged, specifically including the settlement of interest.
2. For reasons of hygiene and safety, we will not accept returns or exchanges of food Products, unless otherwise agreed by our Customer Service Department. If we agree to a return, the Product shall be returned in its original condition and packaging, accompanied by a proof of purchase.
3. If you exercises your right to cancel an Order as set forth in Section III herein, Company will process the refund due to you within thirty (30) days of after Company’s receipt of your written notice of cancellation.
4. If you return a Product, we will send you an acknowledgment of receipt of such returned Product and will then inspect the returned Product and notify you of any refund via email. Any refunds will be processed within thirty (30) days of the date we receive the Product being returned. We may, in our sole discretion, reject your return if the Product being returned is not in the same condition in which you received it.
5. You must inspect the Products purchased at the place and time of delivery and must notify us of any shortages, defects or any other complaint immediately and in any case within five (5) business days from the date the purchased Products were delivered to you. If you do not give us notice of any shortages, defects or any other complaint within this time frame, the purchased Products will be deemed to have been accepted and in good order. Products returned as a result of a defect, which shall be determined in our sole discretion, will be refunded in full, including all associated shipping and handling charges. All refunds, including Product(s) received as a gift, will be credited to the original form of payment. By accepting any such refund, you, or any other interested party, hereby consents to the waiver of any additional claim which might be lodged, specifically including the settlement of interest.
IX. Complaint and Customer Service
We strive to ensure that each Customer is satisfied with our Products. However, you shall be entitled to submit any complaints about our Products to the Customer Service Department either (i) by email at ladureeus@laduree.com, or (ii) by telephone during business hours (Monday to Friday, from 9:00 a.m. to 5:00 pm) at +1 646 895 8981, or (iii) by submitting an online form.
X. Warranties
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
If you wish to make a complaint regarding defects in the delivered Products, including damage during transport, you must submit it immediately using the form on the Website. If and to the extent the defect is verified by Company, Company shall issue you a refund for all amounts paid for the defective Product, as well as shipping costs, to the bank account you indicated no later than thirty (30) days following the date on on which the defect was verified. This limited warranty extends only to the original purchaser of Products from the Website. It does not extend to any subsequent or other owner or transferee of the Products. This limited warranty shall not cover any damages due to transportation, storage, improper use of the Product, modifications to the Product, unauthorized repair, normal wear and tear, or external causes such as accidents, abuse, or other actions or events beyond Company’s reasonable control.
To the extent permitted under applicable law, and notwithstanding anything to the contrary set forth herein, Company excludes any and all implied warranties, including the implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose of all Products. You may have certain rights under the local law of its state of residence, and nothing in these Terms of Sale is intended to affect such rights to the extent they are applicable.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND LADUREE’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.
If you wish to make a complaint regarding defects in the delivered Products, including damage during transport, you must submit it immediately using the form on the Website. If and to the extent the defect is verified by Company, Company shall issue you a refund for all amounts paid for the defective Product, as well as shipping costs, to the bank account you indicated no later than thirty (30) days following the date on on which the defect was verified. This limited warranty extends only to the original purchaser of Products from the Website. It does not extend to any subsequent or other owner or transferee of the Products. This limited warranty shall not cover any damages due to transportation, storage, improper use of the Product, modifications to the Product, unauthorized repair, normal wear and tear, or external causes such as accidents, abuse, or other actions or events beyond Company’s reasonable control.
To the extent permitted under applicable law, and notwithstanding anything to the contrary set forth herein, Company excludes any and all implied warranties, including the implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose of all Products. You may have certain rights under the local law of its state of residence, and nothing in these Terms of Sale is intended to affect such rights to the extent they are applicable.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND LADUREE’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.
XI. Liability
EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LOSS OF REVENUE, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF REPUTATION (SUCH LOSSES, COLLECTIVELY, “LOST PROFITS”)) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT COMPANY’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE PRODUCT AT ISSUE. SOME STATES DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
XII. Force Majeure
Company shall not be deemed to have defaulted or failed to perform hereunder if Company’s inability to perform or default shall have been caused by an event or events beyond its control and without its fault, including without limitation, acts of government, embargoes, fires, tsunamis, floods, tornados, hurricanes, epidemics or pandemics, explosions, acts of God or a public enemy, acts of terror, war, strikes, labor disputes, vandalism, civil riots or commotions, or the inability to procure necessary raw materials, supplies or equipment.
XIII. Customer’s Representations
By placing an Order on the Website you are representing to Company that you are legally competent to enter into a binding agreement, and at least 18 years of age.
XIV. Privacy Policy
Our Privacy Policy describes our privacy practices with regard to information collected from you when you use the Website and is hereby incorporated by reference into these Terms of Sales. Please see our Privacy Policy here for information regarding the collection and use of Personal Information from the Website.
XV. Our Right to Vary These Terms of Sale
Company has the right to revise and amend these Terms of Sale from time to time, in its sole discretion. You shall be subject to the Terms of Sale in force at the time you place an Order unless any change is required to be made by applicable law or governmental authority (in which case it will apply to Orders previously placed by you), or if Company notifies you of a change to the Terms of Sale prior to providing you with the Shipping Confirmation.
XVI. Assignment
Customer shall not assign any of its rights or delegate any of its obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
XVII. No Third-Party Beneficiaries
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
XVIII. Severability and Entire Agreement
If any of the terms, conditions or provisions of the Terms of Sale or any documents expressly referenced herein are found to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable law.
These Terms of Sale (including our Privacy Policy, Terms of Use and any other documents or policies incorporated herein or therein by reference) constitute the entire agreement between you and Ladurée with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Notwithstanding anything to the contrary contained herein or therein, if any term of the Terms of Use or Privacy Policy contradicts or conflicts with any term of these Terms of Sale, the contradicting or conflicting term of these Terms of Sale shall supersede and prevail over such contradicting or conflicting term of the Terms of Use or Privacy Policy, which shall be of no further force and effect.
These Terms of Sale (including our Privacy Policy, Terms of Use and any other documents or policies incorporated herein or therein by reference) constitute the entire agreement between you and Ladurée with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Notwithstanding anything to the contrary contained herein or therein, if any term of the Terms of Use or Privacy Policy contradicts or conflicts with any term of these Terms of Sale, the contradicting or conflicting term of these Terms of Sale shall supersede and prevail over such contradicting or conflicting term of the Terms of Use or Privacy Policy, which shall be of no further force and effect.
XIX. Applicable Law and Jurisdiction
These Terms of Sale shall be governed by, and construed in accordance with, the internal laws of State of New York applicable to contracts executed and fully performed within the State of New York, excluding (i) any conflicts of law or principles that might refer the governance or construction of the Terms of Sale to the laws of any jurisdiction other than the State of New York, and (ii) the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. The parties agree to submit any matter or dispute resulting from or arising out of the execution, performance, interpretation, breach, or termination of this contract to the non-exclusive jurisdiction of Federal or state courts within the City of New York, County of New York, and State of New York. You and Company agree that service of any process, summons, notice or document in such manner as may be permitted by law, shall be effective service of process for any action, suit, or proceeding in the State of New York with respect to any matters to which it has submitted to jurisdiction in this Section XIX. You and Company irrevocably and unconditionally agree that they are subject to, and hereby submit to, the non-exclusive, personal jurisdiction of the courts located in City of New York, County of New York, and State of New York for any action, suit, or proceeding arising out of the Terms of Sale or the transactions contemplated hereby, and waive any objection to the laying of venue in the United States District Court for the Southern District of New York, or the New York County courts if the Federal jurisdictional standards are not satisfied, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit, or proceeding brought in any such court has been brought in an inconvenient forum. To the fullest extent permitted by applicable law, you hereby irrevocably waive all your rights to a trial by jury and the right to interpose counterclaims or setoffs of any kind and description in any litigation arising hereunder.
XX. No Waiver
If Company does not insist on strict performance of your obligations under the Terms of Sale and any documents expressly referenced herein, or if Company fails to exercise any of its rights and remedies contained in the Terms of Sale and any documents expressly referenced herein, or under applicable law, this shall not constitute a waiver of such rights or remedies on behalf of Company and shall not relieve you from such obligations.
XXI. Important Information Regarding Your Credit Card
1. We reserve the right to request from you any additional evidence or proof of billing information.
2. The credit card charge for the Order will appear on your credit card statement as “Ladurée US”. If you contest the validity or amount of a charge related to an Order, please email the Customer Service Department at ladureeus@laduree.com.
3. We will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an Order filled and delivered to the you.
4. Should you cancel an Order, any “authorization holds” will be removed from your account within three (3) to five (5) business days.
2. The credit card charge for the Order will appear on your credit card statement as “Ladurée US”. If you contest the validity or amount of a charge related to an Order, please email the Customer Service Department at ladureeus@laduree.com.
3. We will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an Order filled and delivered to the you.
4. Should you cancel an Order, any “authorization holds” will be removed from your account within three (3) to five (5) business days.