Terms and conditions
PREAMBLE
The General Conditions of Sale, hereinafter referred to as “These”, define the rights and obligations of the parties in the context of sales made on the website “le-chocolatier-ivoirien.myshopify.com”.
They are concluded between on the one hand, Marie BOUDEBES, representative of the company LE CHOCOLATIER IVOIRIEN, and on the other hand, people wishing to place an order for product(s) via the website “le-chocolatier-ivoirien.myshopify .com” hereinafter referred to as “the client”.
This document concerns, exclusively, only persons with the legal capacity to contract.
The products and/or services offered on the website “le-chocolatier-ivoirien.myshopify.com” are, moreover, only marketed in an exclusive distribution network, they are therefore intended for the personal use of customers. Thus, customers or recipients of the products are prohibited from any resale, rental, provision for payment, partial or total of the product(s) to private or professional third parties.
The order for products presented on the “LE CHOCOLATIER IVOIRIEN” online store is subject to acceptance by the customer of the entirety of the present conditions, set out below.
These general conditions of sale prevail over all other conditions, in particular those in force for in-store sales, and are binding on the customer without regard for the specific clauses added by him unless expressly agreed by the seller nor for advertising documents issued by LE CHOCOLATIER IVOIRIEN, nor for any other document.
As such, LE CHOCOLATIER IVOIRIEN reserves the right to adapt or modify its General Conditions of Sale at any time. In the event of modification, the General Conditions of Sale applicable to the order will be those in force on the day of final payment of the order.
The sites “le-chocolatier-ivoirien.myshopify.com” are hosted by the company SHOPIFY (address).
1. ACCEPTANCE
The customer declares to have read and accepted without any reservation the General Conditions of Sale, applicable to the sales contract. The customer's acceptance of these conditions is evidenced by checking the "acceptance of the general conditions of sale" or "validation click" box, as well as by communicating their bank details for the purpose of paying for their order.
The validation of the customer's order is materialized by the sending by LE CHOCOLATIER IVOIRIEN of an order confirmation email.
2. PRODUCTS
The presentation photographs illustrating the products offered in the electronic catalog of the online store “LE CHOCOLATIER IVOIRIEN” tend to describe and present the items with the greatest accuracy. However, LE CHOCOLATIER IVOIRIEN may be required to modify an item, in particular to improve its quality or presentation. Therefore, these photographs cannot be considered as falling within the contractual scope and variations in the representation of the items can neither engage the liability of LE CHOCOLATIER IVOIRIEN , nor affect the validity of the sale subject to the legal guarantees provided for in article 12 hereof.
In the context of a pre-order, LE CHOCOLATIER IVOIRIEN cannot be held responsible for changes in quality, material, packaging or price of the products, occurring between the time of placing the pre-order and the official release date of the product(s).
3. AVAILABILITY
The product and/or service offers and prices indicated are valid as long as they are posted online on the website “le-chocolatier-ivoirien.myshopify.com”, within the limits of available stocks and the period of sale. order.
Information on product availability is provided to the customer when placing their order. In the event of unavailability after placing the order, LE CHOCOLATIER IVOIRIEN will inform the customer by email and will offer either to provide replacement items with similar or superior characteristics and qualities at an equal or higher price, or to reimburse him if his bank account has been debited.
4. PRICE
The price is expressed in euros. The prices indicated on the product sheets do not include transport or delivery.
The price invoiced to the customer is the price indicated on the order confirmation sent by LE CHOCOLATIER IVOIRIEN ; this price is expressed all taxes included, including VAT for France and EU countries; the price of the products, the costs of handling, packaging and conservation of the products, the costs of transport and delivery.
LE CHOCOLATIER IVOIRIEN reserves the right to modify prices at any time. However, for any accepted order, it guarantees the prices charged on the date of confirmation of the order that it will have sent to the customer.
5. PAYMENT
The price of the products is payable in cash on the day of the actual order.
Payment is made only by Paypal, Stripe or bank card bearing the symbol CB, Visa, Eurocard/Mastercard.
The order validated by the customer will only be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by said centers, the order will be automatically canceled and the customer notified by email. Furthermore, LE CHOCOLATIER IVOIRIEN reserves the right to refuse any order from a customer with whom there is a dispute.
6. DATA SECURITY AND CONFIDENTIALITY
The site “le-chocolatier-ivoirien.myshopify.com” uses the secure payment systems STRIPE and PAYPAL.
At no time does LE CHOCOLATIER IVOIRIEN have access to confidential information relating to the means of payment (card number, expiry date). Bank details will therefore be requested from the customer for each new order.
In the event of a problem with the payment system, the STRIPE and PAYPAL companies will assume sole responsibility for their service.
7. ORDER
Automatic recording systems are considered as proof of the nature, content and date of the order; LE CHOCOLATIER IVOIRIEN confirms acceptance of its order to the customer at the email address that the customer has communicated. The sale will only be concluded upon confirmation of the order. LE CHOCOLATIER IVOIRIEN reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The products can only be delivered to the delivery address indicated by the customer during the order process.
8. DELIVERY
From confirmation of payment of the order (for card payments, agreement given by the bank payment centers), LE CHOCOLATIER IVOIRIEN delivers to its carrier, all the references ordered by the buyer:
– 2 dedicated days per week: Monday and Tuesday
– 20 days from payment confirmation.
Our carriers cannot ensure deliveries on weekends and public holidays, the order will then be processed the first following working day.
In case of emergency, the request will be made via the contact form. LE CHOCOLATIER IVOIRIEN reserves the right to respond positively or negatively to this request.
The choice of a deferred delivery date in mainland France must be at least more than 48 hours after the 20-day deadline, for any shipment by Chronopost, Colissimo or Mondial Relay.
In the event of a pre-order, LE CHOCOLATIER IVOIRIEN delivers to its carrier all the references ordered by the buyer within a maximum of two working days after the official release date of the pre-ordered product.
These deadlines, given strictly as an indication, may be extended arbitrarily by LE CHOCOLATIER IVOIRIEN to guarantee the quality of the product and service, particularly in the event of high heat for orders relating in whole or in part to chocolate. The customer will then be notified by email of the day of delivery of their order to the carrier.
In any case, the deadline for delivery to the end customer of the product(s) will be 25 working days following the date of confirmation of the order.
Products purchased on the “LE CHOCOLATIER IVOIRIEN” online store are delivered in mainland France by Chronopost by Chronopost with tracking or by Colissimo against signature, as well as by Mondial Relay.
If the recipient is absent, the package will be left at a La Poste collection point. The recipient is informed by email by the carrier, who will confirm the address of the drop-off location. The recipient has fifteen working days to receive their order upon presentation of the delivery notice and proof of identity. In the event of no complaint, the package will be automatically returned to LE CHOCOLATIER IVOIRIEN, owner of the goods. The sender can then request a new shipment after paying new shipping costs, or demand a refund of their order (excluding shipping costs).
Deliveries to EU countries are made by TNT, Chronopost, Colissimo, Dhl, Fedex and Mondial Relay International.
Deliveries to the rest of the world, outside the EU, are made by TNT, Chronopost, Colissimo, Dhl or Fedex.
The times indicated are usual average times and correspond to processing and delivery times. In the event of a simultaneous order for items deliverable on different dates, taking into account their availability, the delivery time is based on the longest time; LE CHOCOLATIER IVOIRIEN reserves the right to split deliveries. Participation in processing and shipping costs will only be charged for a single shipment.
Any order not shipped within 30 (thirty) working days following the order confirmation date will be canceled unless otherwise stipulated and announced in the sales offer. The customer will then be reimbursed for the payment he has made no later than 30 days following the date of cancellation.
In the event of a pre-order, the period of 10 (ten) days runs from the official release date of the pre-ordered product.
9. RESERVATION OF OWNERSHIP CLAUSE
LE CHOCOLATIER IVOIRIEN retains ownership of the goods sold until effective payment of the entire price in principal and incidentals.
10. FORCE MAJEURE
Are considered as cases of force majeure relieving the seller of his obligation to deliver, the risks linked to heat, war, riot, fire, strikes, accidents, pandemics and the impossibility of being supplied particularly in the event of failure, whatever the cause, of one of its suppliers or delivery services.
The customer is required to check their package upon arrival. He has a period of three days from delivery to make any reservations with the carrier and LE CHOCOLATIER IVOIRIEN in the event of a problem and/or damage.
11. WITHDRAWAL
In accordance with article L 121-20 of the Consumer Code, the customer has a period of 7 clear days from delivery of the product to return to LE CHOCOLATIER IVOIRIEN items that do not suit him or her. 'except for sale products.
However, in accordance with article L 121-20 3°) of the Consumer Code, this right of withdrawal cannot be exercised, for products, which, “due to their nature, cannot be returned or are likely to be damaged. deteriorate or expire quickly”; which is the case with chocolate.
This right of withdrawal is exercised at no cost to the customer with the exception of the cost of returning the products.
Returns must concern new items in their original packaging, accompanied by all their possible accessories, instructions for use and documentation.
Items returned incomplete, damaged, damaged or soiled will not be taken back.
Returns should be sent to the following address:
Marie BOUDEBES
THE IVORY CHOCOLATE MAKER
“Order return service”
Residence La Croix St Sylvère - Building D
95000 CERGY
FRANCE
In the event of abnormal or abusive returns, LE CHOCOLATIER IVOIRIEN reserves the right to refuse a subsequent order.
In the event of exercising the right of withdrawal, LE CHOCOLATIER IVOIRIEN is required to reimburse the sums paid by the customer, without costs or interest, within a maximum period of 30 days.
12. LEGAL GUARANTEES
According to the provisions of the Civil Code (article 1641) and, where applicable, the Consumer Code (article L 211-4 et seq. cf. extracts below), the customer benefits from legal guarantees, which LE CHOCOLATIER IVOIRIEN undertakes to respect.
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly or installation instructions, when this has been his responsibility by the contract or has been carried out under his responsibility.
To comply with the contract, the good must (Consumer Code article L 211-5):
1) be suitable for the use usually expected of similar goods and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model:
– present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling.
2) or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Action resulting from lack of conformity is prescribed two years from delivery of the goods (Consumer Code article L 211-12).
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given only a lower price, if he had known about them (Civil Code article 1641).
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
The customer must notify the carrier and LE CHOCOLATIER IVOIRIEN of any reservations regarding the delivered product (damaged package, already opened) within the day following receipt of the product.
In the event of apparent defects, the customer has the right of return under the conditions provided for in this document.
13. CUSTOMER SERVICE
For any information or questions, our customer service is available to the customer from Monday to Friday (inclusive) from 8 a.m. to 12 p.m. and 2 p.m. to 5 p.m.
Tel: +33 7 61 14 72 06
e-mail: lechocolatierivoirien @gmail.com
14. INTELLECTUAL PROPERTY
The site “le-chocolatier-ivoirien.myshopify.com”, all of its content, as well as all related rights are the exclusive property of LE CHOCOLATIER IVOIRIEN.
All texts, works, illustrations, brands and images reproduced on the “LE CHOCOLATIER IVOIRIEN” online store are protected by the rules relating to copyright and industrial property throughout the world.
Any reproduction, in whole or in part, of the site, or of one of the elements which compose it, is prohibited without the prior written consent of LE CHOCOLATIER IVOIRIEN.
Any violation of the provisions of this article will expose the infringer to criminal prosecution for acts of counterfeiting. The latter will also be held liable for acts of unfair competition and parasitism.
15. RESPONSIBILITY
The products offered comply with current French legislation and the standards applicable in France, including health standards. LE CHOCOLATIER IVOIRIEN cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the customer's responsibility to check with local authorities the possibilities of importing or using the products.
In the event of partial non-performance or total non-performance of one of its obligations, only the liability of LE CHOCOLATIER IVOIRIEN may be sought and this without possibility of recourse against other members of the Group.
LE CHOCOLATIER IVOIRIEN will not be responsible for the content of the information provided on the sites pointed to by possible hypertext links from the “LE CHOCOLATIER IVOIRIEN” online store.
The “LE CHOCOLATIER IVOIRIEN” online store is not intended to sell to professionals. Consequently, it cannot be held liable for any damage whatsoever resulting from a professional activity (operating loss, loss of profit, loss of opportunity, damages and costs).
LE CHOCOLATIER IVOIRIEN in fact disclaims any legal responsibility if the payment of taxes is not made by the customer.
With regard to food, the consumption dates indicated on the products sold must be respected by the customer.
LE CHOCOLATIER IVOIRIEN cannot be held responsible for damage of any nature, whether material, immaterial or bodily, resulting from the misuse of the products marketed, or from non-compliance with the information provided by the labels concerning the possible presence, in the composition of products, traces of allergenic products (for example nuts, milk, gluten, sulphites).
16. PERSONAL INFORMATION
The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide information will result in the order not being validated.
In accordance with the “Informatique et Libertés” law, the processing of personal information relating to customers has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL). The customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise with LE CHOCOLATIER IVOIRIEN .
LE CHOCOLATIER IVOIRIEN undertakes not to disclose to third parties, with the exception of its stakeholders, free of charge or in exchange for compensation, the information communicated by the customer. These are confidential. They will only be used for the processing of the customer's order and in order to reinforce and personalize the communication of products reserved for customers of LE CHOCOLATIER IVOIRIEN , in particular through newsletters, to which the customer can unsubscribe at any time for a fee. one month's notice, as well as in the context of personalizing the site according to their interests.
However, when the customer visits the “LE CHOCOLATIER IVOIRIEN” online store from certain partner sites identified as such, the data concerning him may exceptionally be communicated to them. If the customer does not wish this, he must notify LE CHOCOLATIER IVOIRIEN when ordering.
The site “le-chocolatier-ivoirien.myshopify.com” is also designed to best meet customer needs and it is for this purpose that cookies are used. The purpose of the latter is to signal the customer's passage on the site and are only used by LE CHOCOLATIER IVOIRIEN for the purposes of improving the personalized service intended for the customer.
17. DISPUTES
This contract is subject to French law.
In the event of difficulties in the application of this contract, the customer has the possibility, before any legal action, to seek an amicable solution in particular with the help of a professional association of the sector, a consumer association or any other advice of his choice. Please note that the search for an amicable solution does not interrupt the legal guarantee period, nor the duration of the contractual guarantee. Please note that as a general rule and subject to the judgment of the Courts, compliance with the provisions of this contract relating to the contractual guarantee presupposes that the buyer honors its financial commitments to the seller.
Complaints or disputes will always be received with attentive kindness, good faith always being presumed in those who take the trouble to expose these situations. In the event of a dispute, the customer will contact the company as a priority to obtain an amicable solution.
Failing this, the Commercial Court of the defendant's domicile or the place of actual delivery of the products has sole jurisdiction (This attribution of jurisdiction is equivalent, for non-merchants, to a waiver of the option of jurisdiction offered to them as plaintiff in the action and not as defendant ).