General Terms and Conditions of Sale (Customers)
This translation is provided for information. In the event of a dispute, the French version prevails.
1. Purpose and parties to the contract
The present general terms of sale govern the orders placed by customers on allogato. They complement the general terms of use that regulate the use of the platform. The sales contract is concluded directly between the customer and the professional (independent pastry chef or cake designer): allogato is a technical intermediary for connecting, secure payment processing and mediation, and is never a party to the sale. allogato is neither the manufacturer, nor the seller, nor the distributor of the products.
2. Products
The creations offered are customized and perishable pastries, made to order by the professional. The product sheets (description, composition, flavors, prices all taxes included, preparation time, allergens) are established solely under the responsibility of the professional. The customer is invited to specify their request and to report any allergies or intolerances via messaging before placing an order.
3. Formation of the order
The customer chooses a creation, exchanges if necessary with the professional (flavors, inscriptions, date and place of pick-up or delivery), then validates and pays for their order. The order only becomes firm after confirmation and payment. The professional may accept or refuse an order within the specified time; in case of refusal or absence of response within the time frame, the customer is fully refunded.
4. Prices and service fees
Prices are set and displayed by the professional, in euros, all taxes included. The total price may include clearly indicated service fees before payment (notably under the "Buyer Protection" when applicable). The details of the total amount, including fees, are presented to the customer before validation and confirmed by email. No hidden fees are applied.
5. Secure payment under escrow
Payment is made entirely online, directly on allogato, via an approved payment service provider. allogato never retains your bank details. Funds are held in escrow and are only released to the professional after the proper receipt of the order: as long as the creation has not been delivered as agreed, the money is not released. This mechanism protects the customer.
6. Pick-up and delivery
The delivery terms (pick-up or delivery, date, time slot, location) are agreed upon with the professional at the time of the order. The customer must ensure their availability during the agreed time slot and keep the product under suitable conditions (cold chain). The transfer of risks occurs upon the effective delivery of the creation to the customer or their representative.
7. Absence of withdrawal right
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal does not apply to the supply of goods "made to the consumer's specifications or clearly personalized", nor to the supply of goods "liable to deteriorate or expire rapidly". The pastries offered on allogato fall within these two exceptions, no withdrawal is possible after the order confirmation. The customer expressly acknowledges this by validating their payment. This does not deprive them of any rights in the event of a non-compliant or defective product (see article 8).
8. Compliance and legal warranties
The professional is required to deliver a creation in accordance with the product sheet and exchanges. The customer benefits, with respect to the selling professional, from the legal warranty of conformity (articles L.217-1 and following of the Consumer Code) and from the warranty against hidden defects (articles 1641 and following of the Civil Code). Given the perishable nature of the products, any non-compliance must be reported without delay, ideally immediately upon receipt, with supporting photos.
9. Complaint, dispute and mediation
In case of a problem (non-compliant, missing, damaged product), the customer can open a dispute from their order as soon as possible. allogato's mediation team examines the situation impartially; the payment remains under escrow until resolved. Depending on the outcome, a total or partial refund may be decided. The consumer customer may also resort free of charge to the consumer mediator, after prior written complaint (contact details in the legal notices).
10. Transactions outside the platform
Any order, payment, or exchange made outside of allogato results in the loss of all protections associated with the service (escrow, Buyer Protection, mediation, traceability). allogato strongly discourages such practices and disclaims any responsibility in this regard.
11. Responsibility of allogato
As an intermediary, the responsibility of allogato is limited to the proper provision of the connection service, secure payment processing, and mediation. allogato is not responsible for the manufacturing, quality, compliance, taste, or health safety of the products, which are the sole responsibility of the professional.
12. Modification and applicable law
allogato may amend these terms; the applicable version is the one in effect on the date of the order. Data processing is described in the privacy policy. These terms are governed by French law. Any dispute that cannot be resolved amicably falls under the jurisdiction of the competent courts.