1. Seller Identification
1.1. Maison Auer (hereinafter “Maison Auer” or “the Seller”) is a SASU (simplified joint-stock company with a single shareholder) with a share capital of 243,918.84 euros, registered with the Trade and Companies Register of Nice under number 393 173 281, whose registered office is located at 7 Rue Saint François de Paule 06300 Nice, and whose intra-community VAT number is FR49393173281.
1.2 The Seller publishes and operates the website accessible at https://www.maison-auer.com/ (hereinafter "the Site").
2. Purpose and scope
2.1. These general terms and conditions of sale (hereinafter the "GTC") are intended to define the conditions under which any consumer (hereinafter the "Customer") orders and buys chocolate products, confectionery and similar products offered for sale by Maison Auer on the Site (hereinafter the "Products").
2.2. Ordering Products on the Site is reserved for natural persons of legal age acting for strictly personal purposes, excluding any commercial, craft or professional activity.
3. Acceptance and modifications of the General Terms and Conditions
3.1. Any order placed on the Site implies the Client's full and unreserved acceptance of these Terms and Conditions, the acceptance of which is materialized by the validation of the order by the Client by means of the order confirmation button, after having read these Terms and Conditions accessible on the Site.
3.2. Maison Auer reserves the right to modify the General Terms and Conditions at any time; the applicable General Terms and Conditions are those in force on the day of the order as validated by the Customer.
4. Products and availability information
4.1. The Products presented on the Site comply with current French legislation and applicable standards in France, particularly those relating to food products, hygiene, and safety. In the event of non-compliance, the Product in question will be removed from the Site as soon as possible.
4.2. Each Product is the subject of a detailed information sheet accessible from the Site, indicating at a minimum its name, its weight, its composition, the allergens to be declared (in capital letters), the storage conditions, where applicable its use-by date or its minimum durability date, as well as its price including VAT.
4.3. The information contained in these product sheets is provided to allow the Customer to appreciate the essential characteristics of the Products, but should not be considered exhaustive. Photographs, staged shots, and visuals are not contractual; slight variations in appearance may exist, particularly due to the handcrafted nature of the product or screen display. In the event of a clear discrepancy between a visual and the delivered Product, Maison Auer's liability shall be limited to the terms of the applicable legal guarantees.
4.4. Product offers and their corresponding prices are valid as long as they are visible on the Website, subject to availability. Due to the perishable nature of the Products, occasional stock shortages may occur; in the event of unavailability after order confirmation, Maison Auer will inform the Customer as soon as possible and offer, at their discretion, a replacement with a Product of equivalent quality and price, a delayed delivery, or a refund for the unavailable Product.
4.5 Maison Auer reserves the right to modify at any time, without notice, the assortment of Products offered on the Site, their presentation, as well as their characteristics, provided that these modifications do not affect orders already accepted and confirmed to the Customer.
5. Price
5.1. The prices applicable to the Products are those displayed on the Site at the time the order is placed by the Customer.
5.2. Maison Auer reserves the right to modify its prices at any time, upwards or downwards; however, the prices retained will be those in effect at the time of final validation of the order.
5.3. All prices quoted are in euros, inclusive of all taxes (VAT), excluding delivery charges. The VAT applied is that in force in metropolitan France on the date of the order; any legislative change to the VAT rate will be reflected in the price of the Products. For deliveries outside of France, the applicable VAT will be that of the destination country, subject to applicable customs and tax regulations.
5.4. Delivery charges are billed in addition to the price of the Products and are calculated based on the chosen delivery method (choice of carrier), the geographical area, and the weight and volume of the package, as detailed in the "Delivery" section (Article 10 below). These charges are clearly and precisely displayed before final order confirmation.
6. Customer account
6.1. The Customer can order either as a guest (by only providing their email address), or by creating a personal customer account on the Site.
6.2. When creating an account, the Customer provides a valid email address and receives a 6-digit code at that email address for identification purposes. In both cases, the Customer must then provide the information necessary for processing their orders (identity, delivery and billing addresses, etc.); they agree to provide accurate, complete, and up-to-date information.
6.3. The Client is solely responsible for maintaining the confidentiality of their login credentials and for the use of their account. Maison Auer may deactivate an account in the event of a breach of the Terms and Conditions, after a formal notice to comply has been issued and remains unheeded, or immediately in the event of proven fraud.
7. Order
7.1. To place an order on the Site, the Customer follows a process in several steps: creation of the shopping cart, identification or creation of an account, choice of delivery methods, summary and payment, final confirmation.
7.2. The Customer first selects the Product category, then the desired Products, specifying the quantities. The selected Products are added to the shopping cart by clicking on "Add to cart". The Customer can access "My cart" at any time to view the summary, modify quantities, or remove Products. The total amount excluding delivery charges is displayed there. The Customer also has the option to leave a message for the recipient or any other information by clicking on " A message for your recipient or a comment?", then click on "Cart" to proceed to the next step.
7.3. The Customer logs in using their existing account, creates a new account, or provides only an email address (guest checkout) (Article 6 above). The Customer is invited to consult Maison Auer's Personal Data Protection Policy, available on the Website. Once the information is validated, they proceed with the order.
7.4. The Customer chooses the delivery method (store pickup or shipping) and then confirms or modifies the desired delivery address; they can then choose to save their details by checking the box " "Save my details for next time." Next, the shipping method allows the Customer to choose their preferred carrier: here, the only carrier used is Colissimo. The Customer then enters their payment information as detailed in the "Payment" section (Article 9 below) , selecting the correct shipping address if the delivery address is the same as the billing address (if applicable, uncheck the "Use shipping address as billing address" box and enter the desired billing address).
7.5. The summary (on the right of the screen) then displays the details of the Products, quantities, applicable VAT, delivery charges and final total; the Customer can still check, correct or modify their order (excluding products) and then validate by clicking on "Check order".
A new summary page appears with a final order confirmation to validate. Then, a receipt page is displayed, accompanied by a confirmation email summarizing the order number, the products, the price including VAT, and the delivery details ("Order Confirmation"). This email confirms that the order has been received but does not yet guarantee stock availability.
A sales contract for the Products listed in the Order Confirmation is concluded between you and Maison Auer as soon as we send you said Order Confirmation.
Please note: in the event of total or partial unavailability of the Products, Maison Auer will contact the Customer by email or telephone within 24 hours (excluding weekends and public holidays) to offer a replacement with an equivalent Product in quality and price, a postponement of delivery or a refund of the Products concerned.
8. Order refusal, modification and cancellation
8.1. Maison Auer reserves the right to refuse or cancel any order that is abnormal, incomplete, or in the event of an existing dispute with the Customer, failure to pay for a previous order or refusal of payment authorization by the banking institution.
8.2. Subject to logistical constraints (preparation, manufacturing, shipping), any request for modification or cancellation must be sent within 2 hours of receiving the order confirmation email, via customer service; beyond this period, Auer cannot guarantee that the request will be taken into account and the order may be due in full.
9. Payment
9.1. Payment for Products is made online, at the time of ordering, by credit card (Visa, MasterCard, Amex) and/or by any other means of payment indicated on the Site.
9.2. Maison Auer uses a secure payment protocol to ensure the confidentiality and security of the information provided during the bank transaction. If your credit card issuer refuses payment authorization, your order will not be accepted; Maison Auer never has access to the customer's complete bank details.
9.3. The order is considered final after validation of payment by the banking institution and receipt of the order confirmation email; in the absence of full payment, the order will not be processed.
10. Delivery
10.1. The Products are delivered to the address indicated by the Customer when ordering, in the areas and timeframes offered on the Site in metropolitan France.
10.2. The Customer is responsible for the accuracy of the delivery information (full address, access codes, telephone number, etc.); in the event of inability to deliver due to incomplete or incorrect contact details, the order may be returned, destroyed for perishable Products, without refund of the Products or delivery costs, any reshipment being at the Customer's expense.
11. Transfer of risk and retention of title
11.1. The Products remain the property of Maison Auer until full payment of the price by the Client.
11.2. The risks of loss and damage are transferred to the Customer at the time of delivery of the Products to the Customer or the designated recipient, evidenced by the signature of the delivery slip or the validation of the handover by the carrier.
12. Right of withdrawal
12.1. Pursuant to Article L.221-28 of the Consumer Code, the 14-day right of withdrawal does not apply to contracts relating to perishable products or products liable to deteriorate or expire rapidly, which is the case for the vast majority of Maison Auer products (chocolates, confectionery, etc.).
12.2. For any non-perishable Products (e.g., accessories, non-food items), the Customer has, if offered, a period of 14 days from receipt to exercise their right of withdrawal, without having to provide reasons or pay any penalties, except for return shipping costs. The Products must be returned in their original packaging, in perfect condition, accompanied by the invoice; only the price of the Product and standard delivery charges will be refunded.
13. Complaints and non-conformity
13.1. The Customer is invited to check the conformity of the order upon receipt (condition of the package, number of packages, integrity of the Products, correspondence with the order).
13.2. Any claim (Missing, non-compliant, damaged product, damaged package) must be made within a reasonable time after receipt (24 to 48 hours) to customer service, accompanied by any useful supporting documentation (order number, photos, etc.).
13.3. After analysis, Maison Auer will offer, as appropriate, the replacement of the Product(s) in question or a refund, in compliance with legal guarantees.
14. Legal Guarantees
14.1. The Products benefit from the legal guarantees of conformity (articles L.217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code).
14.2. In the event of non-conformity or hidden defect rendering the Product unfit for its normal consumption, the Customer may request repair, replacement or, failing that, termination of the sale, under the conditions provided for by law.
15. Responsibility
15.1. Maison Auer is liable for direct, foreseeable and proven damages resulting from a breach of its contractual obligations.
15.2. Its liability cannot be engaged for indirect, intangible or special damages (loss of image, loss of profits, etc.), nor in the event of poor storage or improper use of the Products by the Customer, in particular beyond the use-by dates or in violation of the advice appearing on the Site and on the packaging.
16. Force majeure
16.1. Neither party shall be held liable for a failure to perform its contractual obligations resulting from an unforeseeable event beyond its control within the meaning of Article 1218 of the Civil Code, such as, in particular, strikes, exceptional weather conditions, epidemics, transport blockages, administrative decisions or any other circumstance preventing the normal performance of the contract.
16.2. In the event of force majeure, the performance of obligations shall be suspended for the duration of the event; if the situation continues beyond a reasonable period, each party may terminate the order concerned without compensation.
17. Intellectual Property
17.1. The structure of the Site, its graphic charter, texts, visuals, photos, videos, logos, trademarks, trade names and, more generally, all elements protected by intellectual property rights remain the exclusive property of Maison Auer or its successors in title.
17.2. Any reproduction, representation, use, distribution or adaptation, in whole or in part, of the Site or any of its elements, on any medium whatsoever and for any reason whatsoever, is strictly prohibited without the prior written authorization of Maison Auer.
18. Personal Data
18.1. Maison Auer, as data controller, collects and processes the Client's personal data for order management, delivery of Products, invoicing, customer relationship management and, subject to his consent, sending commercial communications.
18.2. The detailed methods of data processing, the legal bases, the retention periods as well as the rights of the Client (access, rectification, erasure, limitation, objection, portability, complaint to the CNIL, etc.) are described in the personal data protection policy available on the Site.
19. Customer Service
For any questions, complaints or requests for information, the Customer can contact Maison Auer's customer service:
By mail: Maison Auer – Customer Service, 7 Rue Saint-François de Paule, 06300 Nice;
By email: serviceclient@maison-auer.com ;
By phone: 0493857798 from Monday to Saturday from 9am to 7pm.
20. Mediation, applicable law and competent courts
20.1. The General Terms and Conditions and sales concluded via the Site are subject to French law.
20.2. In the event of a dispute not resolved directly with Maison Auer, the consumer Client is informed of the possibility of resorting free of charge to a consumer mediator, in accordance with Articles L.612-1 et seq. of the Consumer Code.
20.3. In the absence of an amicable solution, the dispute will be brought before the competent French courts in accordance with the rules of ordinary law.
Updated on 27/02/2026.