Terms and Conditions of Sale

This English translation is provided for information only. In the event of any discrepancy, the French version shall prevail.

Article 1. Seller

The products offered on the franckdeville.fr website are sold by PHENIX, a simplified joint-stock company (société par actions simplifiée) with share capital of €40,000, operating the Le Clos Deville shop, whose registered office is at Centre commercial Steel, 2 rue Ferrer, 42000 Saint-Étienne, registered with the Trade and Companies Register as RCS Saint-Étienne 882 225 873, intra-EU VAT number FR39882225873 (hereinafter the “Seller”).

Customer service: 04 77 57 78 35 (Tuesday to Saturday, during shop opening hours), contact form, or contact form.

The macarons are made by FD (Franck Deville brand), a public limited company with a board of directors (société anonyme à conseil d’administration) with share capital of €751,900, Zone Galinay aux Buissons, boulevard Gruner, 42230 Roche-la-Molière, RCS Saint-Étienne 444 690 465, intra-EU VAT number FR46444690465.

Article 2. Scope

These general terms and conditions of sale (the “Terms”) apply to any order placed on the site by a consumer, being a natural person acting for non-professional purposes (hereinafter the “Customer”), for delivery in mainland France (excluding Corsica and the islands) and in Monaco.

The Terms apply to “distance” sales, that is, in accordance with Article L. 221-1, I, 1° of the French Consumer Code (Code de la consommation), sales concluded within the framework of an organised distance selling system, without the simultaneous physical presence of the Seller and the Customer, through the exclusive use of the site up to the conclusion of the contract. In addition to providing the Customer with the information required by Article L. 221-5 of the Consumer Code, which is contained in these Terms, the Seller undertakes to provide the Customer with these Terms on a durable medium, under the conditions laid down in Article L. 221-13 of the same Code.

The Customer accepts the Terms by ticking the box provided before payment; failure to accept the Terms beforehand prevents any order from being placed on the site. The applicable Terms are those in force on the date of the order. They may be viewed, saved and printed at any time from this page.

Each version of the Terms bears a number and an effective date. This version No. 001 comes into force on 9 November 2026 and applies to any order placed on or after that date. Orders placed earlier remain governed by the version applicable on the day they were placed, an archived copy of which is kept by the Seller.

Any derogation from these Terms may be relied upon against the Seller only if the Seller has accepted it in writing.

Professional customers (restaurants, hotels, caterers, businesses) are invited to contact the workshop via the Professionals page: their orders are subject to specific terms and conditions.

The site is reserved for purchases made by consumer Customers for their personal needs; the products may not be resold. The Seller may refuse or cancel, with a full refund to the Customer, any order which, by its nature, volume or intended destination, appears to have been placed for the purposes of a professional activity or with a view to resale.

Article 3. Products

The Seller offers boxes of 12, 18 or 24 fresh macarons, either pre-selected by the Seller or made up by the Customer, as well as, where offered on the site, non-food items (stands, accessories) and gift cards. In accordance with Articles L. 111-1 et seq. of the Consumer Code, the essential characteristics of each product (composition, ingredients, allergens, nutritional values, storage conditions and shelf life) are shown on its product page before the order is placed. The Customer is required to read them before placing any order.

Macarons are pastries, delivered fresh and made by artisanal methods: slight variations in shape or colour compared with the photographs may occur, without affecting the quality of the product. Photographs and illustrations are not contractually binding.

Allergens: the macarons contain, in particular, eggs and nuts (almond). The allergens of each recipe and any possible traces are indicated on its product page, which the Customer is invited to consult before each order. For any question, contact customer service before ordering.

Some creations (the Spirit box and cocktails containing alcohol) contain alcohol. They are identified as such on the site and are not recommended for children or pregnant women.

The site does not offer personalised macarons. Any request for a specific creation should be sent to the workshop via the Personalised and bespoke macarons page and is subject to separate terms and conditions.

Offers are valid while stocks last. If a product is unavailable after the order has been placed, the Customer is informed as soon as possible, by e-mail or by telephone; the Customer may accept the replacement of the product with a product of equivalent quality and price, or obtain a refund of the corresponding amount without delay.

Customer reviews: reviews published on the site may only be submitted by Customers who have placed an order. They are published with their date, without any consideration in return, and are rejected only if their content is unlawful, offensive or unrelated to the product.

Article 4. Prices

Prices are stated in euros, inclusive of all taxes (applicable French VAT). They include the standard packaging required to transport the products, including the insulated packaging. They do not include delivery charges, which are invoiced separately and the amount of which is brought to the Customer’s attention before the order is confirmed: €14.90 per order, free for purchases of €75 or more including VAT.

Sales are invoiced at the prices in force on the day of the order, as displayed at the time the order is confirmed. The agreed price is firm and final. The Seller may change its prices at any time, without effect on orders already confirmed.

Gift cards: the Seller may offer gift cards, which may be used on the site under the conditions, in particular as to their period of validity, specified at the time of purchase. They may be neither exchanged nor refunded, except where the right of withdrawal is exercised under the conditions of Article 10.

Article 5. Orders

The Customer selects the boxes, chooses the size and, where applicable, makes up the assortment, then enters their contact details and delivery address and chooses the day of receipt from the dates offered. The Customer may add a message card free of charge, and is solely responsible for its content.

By placing an order, the Customer declares that they accept these Terms, that they have received all the pre-contractual information within the meaning of Article 1112-1 of the French Civil Code (Code civil) and the information required by Articles L. 111-1 et seq. of the Consumer Code, and that they have full legal capacity to place the order.

Before paying, the Customer checks the order summary (products, prices, delivery charges, date of receipt, address) and may correct any errors. The Customer accepts these Terms by ticking the box provided, then confirms the order by clicking on the “Order with obligation to pay” button.

The contract is concluded upon confirmation of payment; the order then constitutes a distance contract between the Customer and the Seller. An e-mail summarising the order and giving access to these Terms is sent to the Customer without delay.

The Seller may refuse or cancel an order for a legitimate reason, in accordance with Article L. 121-11 of the Consumer Code, in particular if the order is abnormal, in the event of a payment dispute with the Customer or if the delivery address is outside the area served; the Customer is then refunded in full.

Once confirmed, the order may be neither modified nor cancelled by the Customer, as the macarons are prepared for the chosen date of receipt, except where the right of withdrawal is exercised, when it applies (Article 10), or in the event of force majeure (Article 13).

Article 6. Payment

Payment is made online by bank card (CB, Visa, Mastercard, American Express) at the time of ordering. It is processed by the payment service provider Stripe, with strong customer authentication (3D Secure) where applicable. The Seller never has access to the card details.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card; the Customer may then request the cancellation of the payment and the repayment of the corresponding sums. If the price cannot be debited, the order is cancelled.

The Customer’s account is debited when the order is confirmed. An invoice is sent to the Customer by e-mail or on simple request.

Article 7. Delivery

Orders are delivered in mainland France (excluding Corsica and the islands) and in Monaco, to the address given by the Customer, by Chronopost’s ChronoFresh 18 h chilled delivery service.

Boxes are dispatched from the Le Clos Deville shop in Saint-Étienne on the dispatch days shown on the site and delivered the following day, on the date of receipt chosen by the Customer when ordering. The order cut-off times for each date are shown on the Delivery and storage page and at the time of ordering.

The carrier is chosen by the Seller, who is liable to the Customer for the proper performance of the delivery (Article L. 221-15 of the Consumer Code). In the event of delay, non-delivery, loss of or damage to the parcel attributable to the carrier, the Customer informs customer service: the Seller offers the Customer, at the Customer’s choice, a new delivery on an available date or a refund of the order, including delivery charges, and deals with the claim against the carrier itself.

When the order is placed, the Seller indicates the date on which it undertakes to deliver the products. In the absence of such an indication, delivery takes place without undue delay and no later than thirty (30) days after the conclusion of the contract, in accordance with Article L. 216-1 of the Consumer Code.

If the Seller fails to fulfil its obligation to deliver on the agreed date, the Customer may terminate the order (résolution), by registered letter with acknowledgement of receipt or in writing on another durable medium, after having called upon the Seller to make the delivery within a reasonable additional period and if delivery is not made within that period. However, the order is terminated upon the Customer’s first request where the Seller refuses to deliver. The Seller then refunds the Customer all sums paid, under the conditions and within the time limits laid down in Article L. 216-7 of the Consumer Code.

Article 8. Receipt and transfer of risk

As macarons are fresh products, the Customer, or the person designated by the Customer, must be present at the delivery address on the chosen day and provide a telephone number on which they can be reached, which is passed on to the carrier.

It is the Customer’s responsibility to check the external condition of the parcel and the nature and quantity of the products at the time of delivery, and to enter precise and reasoned reservations on the carrier’s delivery note, or to refuse a parcel that is damaged, opened or shows an apparent break in the cold chain. The Customer is invited to confirm these reservations to the Seller, by any written means, if possible with photographs, within forty-eight (48) hours of delivery. This time limit enables the Seller to exercise its remedies against the carrier effectively and to handle the claim in the best conditions.

The Seller then re-ships the products concerned or, if the Customer prefers, refunds them. The absence of reservations on delivery does not deprive the Customer of any of the rights they hold under the legal guarantees of conformity and against hidden defects, which are exercised under the conditions and within the time limits set out in Article 11.

The products remain the property of the Seller until full payment of their price, in principal and ancillary amounts. In accordance with Articles L. 216-2 and L. 216-3 of the Consumer Code, any risk of loss of or damage to the products passes to the Customer at the moment when the Customer, or a third party designated by the Customer other than the carrier proposed by the Seller, takes physical possession of the products.

Where delivery fails solely because of the Customer (absence on the chosen day despite the carrier’s attempt to deliver and to make contact, incorrect or incomplete address or telephone number), the products, being perishable, can be neither stored nor re-shipped. The Seller informs the Customer of this and offers a new delivery on an available date, at the Customer’s expense. Failing this, the Seller is not required to refund the products.

Article 9. Storage

For fresh macarons, immediately upon receipt, the box must be placed in the refrigerator, between 0 and 4°C, and eaten before the date shown on the packaging. Take the macarons out 30 minutes before tasting, in a room at moderate temperature, away from heat and humidity. The Seller cannot be held liable for any deterioration resulting from failure to comply with these conditions after receipt, without prejudice to the legal guarantees.

Article 10. Right of withdrawal

In accordance with Article L. 221-28, 4° of the Consumer Code, the right of withdrawal (droit de rétractation) cannot be exercised for the supply of goods liable to deteriorate or expire rapidly. As macarons are perishable foodstuffs, Customers who have ordered macarons on the site do not benefit from the right of withdrawal. The right of withdrawal may therefore be exercised only for non-food items, to the exclusion of any other product.

A Customer who purchases such items on the site has, for those items, a period of fourteen (14) days in which to exercise the right of withdrawal, without having to give reasons for the decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25 of the Consumer Code. This period runs from receipt of the products by the Customer or by a third party designated by the Customer. Where the order covers several products delivered separately, the period runs from receipt of the last product.

To exercise this right, the Customer must notify the Seller of the decision to withdraw by sending a clear and unambiguous statement in writing (for example, a registered letter with acknowledgement of receipt, or an e-mail with acknowledgement of receipt), by means of the withdrawal function available on the site or of the form set out in the Annex.

The Customer returns the products to the Seller, or hands them back to the Seller, no later than fourteen (14) days after communicating the decision. The direct costs of returning the products are borne by the Customer; given the nature and volume of the products, these costs are determined by the carrier or are identical to the delivery amount shown on the corresponding invoice. The Customer is liable only for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and proper functioning.

In the event of withdrawal within the stated period, the Seller refunds all payments received from the Customer within fourteen (14) days of receipt of the withdrawal request. The refund will be made using the same means of payment as that used by the Customer, unless the Customer agrees to another means.

Article 11. Legal guarantees

The products sold on the site are manufactured, packaged and stored, until they are handed over to the carrier, in accordance with the regulations in force in France.

The products benefit from the legal guarantee of conformity (garantie légale de conformité, Articles L. 217-1 et seq. of the Consumer Code) and from the guarantee against hidden defects (garantie des vices cachés, Articles 1641 et seq. of the Civil Code), under the conditions set out below. These guarantees apply to foodstuffs as to any goods sold to a consumer. The Customer invokes the legal guarantees with the Seller, using the contact details given in Article 1.

The conformity of a perishable foodstuff is assessed in particular with regard to the use-by date shown on the packaging and to compliance with the storage conditions set out in Article 9. The guarantee does not cover a product that has been consumed. The two-year period referred to below is a maximum legal period: it does not extend the shelf life of the product.

In accordance with Article L. 217-7 of the Consumer Code, the presumption that a lack of conformity which appears after delivery existed at the time of delivery may be rebutted where it is incompatible with the nature of the goods or of the defect claimed, which may be the case, in particular, for a defect found after the use-by date or resulting from failure to comply with the storage conditions. The Customer is therefore invited to report any defect as soon as it is discovered, if possible enclosing photographs.

Article 12. Liability

In accordance with Article L. 221-15 of the Consumer Code, the Seller is automatically liable (de plein droit) to the Customer for the proper performance of the obligations arising from the distance contract, whether these obligations are performed by the Seller itself or by other service providers, unless it proves that the non-performance is attributable to the Customer, to the unforeseeable and insurmountable act of a third party, or to an event of Force Majeure.

The Seller is liable, under the conditions of ordinary law (droit commun), for direct damage caused to the Customer by a breach of its obligations. Liabilities that are a matter of public policy, in particular those arising from Articles 1245 et seq. of the Civil Code on defective products, remain applicable in all circumstances.

Article 13. Force majeure

Notwithstanding any provision to the contrary, the parties shall not be held liable in the event of force majeure as defined in Article 1218 of the Civil Code or of any other event beyond their control (extreme weather conditions, strikes, etc.) (referred to herein as “Force Majeure”). The following shall in particular be considered an event of Force Majeure: the occurrence of any natural disaster, fire, war, accident, flood, conflict, terrorist attack, pandemic and/or health crisis of the Covid-19 type resulting in restrictive administrative measures, strikes at the Seller, carriers, postal services or public services, mandatory orders from the public authorities (in particular import bans or embargoes), operating accidents, machine breakdowns, explosions.

The party affected by an event of Force Majeure shall inform the other party within fifteen (15) days of the occurrence of the event preventing it from performing its obligations. Performance of the obligation of the prevented party shall then be suspended for the entire duration of the Force Majeure if it is temporary and does not exceed thirty (30) calendar days.

If the impediment is permanent or exceeds thirty (30) calendar days, the parties shall consult each other within five (5) working days following the expiry of that thirty (30) day period, in order to examine in good faith whether the order should continue or be terminated.

Should the Force Majeure situation last more than forty-five (45) calendar days, the order shall be purely and simply terminated automatically (résolue de plein droit), without formal notice or any particular formality other than the Seller simply informing the Customer of the situation. In this case, the Seller undertakes to return without delay any sum that may have been paid to it by the Customer in respect of all or part of the unperformed order.

Article 14. Personal data

The personal data collected from Customers are processed electronically by the Seller. They are recorded in its customer file and are essential for processing the Customer’s order. This information and these personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the performance of orders and of any applicable guarantees.

The data controller is the Seller. Access to personal data will be strictly limited to the data controller’s employees who are authorised to process them by virtue of their duties. The information collected may be disclosed to third parties bound to the company by contract for the performance of subcontracted tasks, without the Customer’s authorisation being required. In performing their services, these third parties have only limited access to the data and are obliged to use them in accordance with the applicable personal data protection legislation.

The data collected when the order is placed are necessary for its performance (preparation, delivery, invoicing, customer service). They are processed by PHENIX (Le Clos Deville) and disclosed only to its service providers (carrier, payment service provider, hosting provider), within that limit. Details of the processing operations, their retention periods and the Customer’s rights are set out in the privacy policy.

Except in the cases set out above, the Seller undertakes not to sell, rent or assign the data to third parties, or give third parties access to them, without the Customer’s prior consent, unless it is compelled to do so for a legitimate reason. If the data are to be transferred outside the EU, the Customer will be informed and the safeguards put in place to secure the data will be specified to the Customer.

In accordance with the applicable regulations, the Customer has the right of access, rectification, erasure and portability of the data concerning them, as well as the right to object to processing on legitimate grounds, which rights the Customer may exercise by contacting the data controller by post at the registered office address given in Article 1 or by e-mail (contact form), as well as the right to lodge a complaint with the French data protection authority, the Commission nationale de l’informatique et des libertés (CNIL).

The Seller may send the Customer information and commercial offers by e-mail or by SMS: concerning products similar to those ordered, unless the Customer objects when ordering or subsequently; in other cases, with the Customer’s prior consent. The Customer may unsubscribe at any time using the link in each message or by contacting customer service.

The Customer’s telephone number is used exclusively for the performance of the order, in particular for its transmission to the carrier. It is not used for telephone marketing purposes, except with the Customer’s prior and express consent, which the Customer may withdraw at any time.

Article 15. Archiving and evidence

Orders of €120 or more including VAT are archived by the Seller for ten years; the Customer may access them on simple request. The time-stamping of transactions and the records kept in the information systems of the Seller and of its payment service provider constitute evidence of the communications, orders and payments between the parties, the probative value of which is assessed in accordance with Articles 1366 et seq. of the Civil Code, without this resulting in any reversal of the burden of proof to the detriment of the Customer.

Article 16. Intellectual property

All intellectual property rights, in particular copyright, trade marks, image rights and related rights, in the general structure of the site and in the texts, photographs, logos and any other element of which it is composed, belong to the Seller or to its partners, in particular the manufacturer, and remain their exclusive property.

Any use, whether commercial or not, in particular any downloading, copying, reproduction, transmission, distribution, adaptation, translation or representation, in whole or in part, of the site or its elements, on any medium, without the prior written authorisation of the Seller or of the rights holder, is prohibited and may give rise to legal proceedings, in particular for infringement (contrefaçon).

Article 17. Eco-contribution and unique identifier

In accordance with the regulations in force, the packaging of the products sold on the site is manufactured and placed on the market by FD, the manufacturer of the products, which contributes to the management of the resulting waste; this eco-contribution is included in the price of the products. FD is a member of CITEO and holds the unique identifier FR377033_01RVAO under the extended producer responsibility scheme for household packaging (Article L. 541-10-13 of the French Environmental Code, Code de l’environnement).

Article 18. Complaints and mediation

Before taking any legal action, the Customer sends the Seller a written complaint, by post or by e-mail, in order to seek an amicable solution. The Seller responds within one month.

If the dispute could not be resolved amicably, the consumer Customer may refer any dispute relating to the performance of the contract, in particular any dispute concerning the order, the delivery or the guarantee of the products supplied, to the mediator free of charge, within one year of their written complaint (Articles L. 612-1 et seq. of the Consumer Code). The mediation body to which the Seller belongs is: the Centre de la médiation de la consommation de conciliateurs de justice (CM2C), 49 rue de Ponthieu, 75008 Paris.

Referral to the consumer mediator (médiateur de la consommation) must be made either by completing the form provided for this purpose on the website www.cm2c.net, or by letter sent to 49 rue de Ponthieu, 75008 Paris.

Article 19. Governing law, jurisdiction and language

The Terms and all transactions arising from them are governed by French law. Where the Customer resides outside France, in particular in Monaco, the Customer retains the benefit of the mandatory protective provisions of the law of their country of habitual residence.

Any dispute arising from the Terms or from orders, relating in particular to their validity, interpretation, performance, termination and consequences, falls within the jurisdiction of the competent courts in accordance with the rules of ordinary law. The Customer may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the French Code of Civil Procedure (Code de procédure civile) or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.

These Terms are drawn up in French. Should they be translated into one or more languages, only the French text shall be authoritative in the event of a dispute.

Article 20. Miscellaneous provisions

The fact that the Seller does not, at any given time, rely on any of these general terms and conditions of sale shall not be interpreted as a waiver of its right to rely on any of said terms and conditions at a later date.

The possible nullity of any clause of these Terms shall not affect the validity of the other provisions. The parties undertake to replace the void clause with a valid clause that comes as close as possible to the original intention.

Annex: withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the site. As stated in the Terms, this form applies only to non-food items, such as accessories and gift cards, to the exclusion of macarons and of any other order for foodstuffs placed on the site.