Terms of sale

Article 1 – Identity of the Seller and Scope

1.1. Identity of the Seller

The website Le chocolat des Français, hereinafter the "Site", is published by the company Les Gourmandises des Français, registered with the Paris Trade and Companies Register (Registre du commerce et des sociétés de Paris) under number 804 654 069.

Le chocolat des Français is a brand operated by the company Les Gourmandises des Français, hereinafter the "Seller".

1.2. Purpose

These general terms and conditions of sale, hereinafter the "T&Cs", define the rights and obligations of the Seller and its customers in connection with the online sale of the products offered on the Site.

They apply to any order placed by an adult individual acting for purposes that fall outside their commercial, industrial, craft, professional or agricultural activity, hereinafter the "Customer".

These T&Cs do not apply to purchases made for resale or in the course of a professional activity. Such purchases are subject to the Seller’s professional commercial terms.

1.3. Territories Served

Products may be ordered for delivery to the territories offered on the Site at the time of the order. The list of territories served may change depending on logistical, regulatory, customs or climatic constraints. The Seller is not required to accept an order for delivery to a territory that is not offered during the ordering process.

1.4. Acceptance of the T&Cs

Any order placed on the Site implies full and unreserved acceptance of these T&Cs. Before finally confirming their order, the Customer is invited to read the T&Cs and must confirm their acceptance by ticking the box provided for that purpose.

The Customer acknowledges having received, before placing their order, the information necessary to verify that the Products meet their needs.

1.5. Legal Capacity

The Customer declares that they have the legal capacity required to enter into the contract and place an order on the Site.

Where an order is placed by a minor, it must be placed with the authorization and under the responsibility of their legal representative.

1.6. Applicable Version

The applicable T&Cs are those in force on the date the order is confirmed.

The Seller may amend these T&Cs at any time. The new provisions apply only to orders placed after they are published online and do not modify contracts already concluded.

The Customer may download or print the T&Cs in order to keep a copy.

Article 2 – Products

2.1. Main Characteristics

The main characteristics of each product, hereinafter the "Product", are presented on its product page.

Depending on the nature of the Product, this information may include in particular:

• its name;
• the list of ingredients;
• allergens;
• its net weight;
• its country or place of manufacture;
• the personalization options offered.

The Customer is invited to read this information carefully before placing an order, particularly if they have a food allergy or intolerance.

If in doubt about the composition of a Product or its suitability for a particular diet, the Customer may contact customer service before ordering.

2.2. Allergens

The Products may contain allergens or may have been made in workshops that use, in particular, tree nuts, milk, gluten, soy, eggs, sesame or other substances likely to cause allergies.

Information on allergens is provided on the product pages and, where applicable, on the packaging. The Customer is responsible for checking this information before any consumption.

The information shown on the packaging of the delivered Product prevails in the event of a change to the recipe or any difference from information previously presented on the Site.

2.3. Photographs and Illustrations

The Seller takes great care in presenting the Products.

Photographs, illustrations, apparent dimensions and color representations are provided to present the Products as faithfully as possible.

Slight differences may nevertheless appear, in particular due to:

• the settings of the screen used;
• minor variations in printing, shade or finish;
• occasional changes to packaging.

These differences do not constitute a lack of conformity where they do not affect the stated main characteristics of the Product.

2.4. Availability

The Products are offered while stocks last.

The Seller may change its range, suspend the sale of a Product or limit quantities at any time.

The presence of a Product on the Site does not guarantee its final availability until the order is confirmed.

2.5. Unavailability After the Order

If a Product exceptionally becomes unavailable after the order has been confirmed, the Customer will be informed as soon as possible by email.

The Customer may then choose, depending on the options offered:

• to wait for the Product to be restocked;
• to accept a replacement Product with equivalent characteristics and value;
• to cancel all or part of the order concerned.

No replacement Product will be sent without the Customer’s prior consent.

In the event of cancellation, the amounts paid for the unavailable Product will be refunded as soon as possible and at the latest within the time limits provided for by the applicable regulations.

2.6. Personalized Products

Certain Products may be personalized at the Customer’s request, in particular by adding a message.

The Customer is responsible for the information and content provided for this personalization. They must carefully check the spelling, dates, names, visuals and any other details entered before confirming their order.

The Seller cannot be held liable for any error in the information confirmed and submitted by the Customer.

The Seller may refuse any content that is manifestly unlawful, insulting, discriminatory, defamatory, violent, obscene or that infringes the rights of a third party.

Article 3 – Prices

3.1. Product Prices

Product prices are indicated in euros, inclusive of all taxes, at the VAT rate applicable on the day of the order.

The applicable price is the one displayed on the Site at the time the Customer confirms the order. Any subsequent change in prices or in the VAT rate does not affect an order that has already been confirmed.

3.2. Delivery Costs

Delivery costs are calculated based in particular on:

• the delivery territory;
• the delivery method selected;
• the order amount.

The total amount of delivery costs is communicated to the Customer before the order is finally confirmed.

3.3. Promotions and Discounts

Promotional offers are valid for the duration and under the conditions announced.

Unless otherwise stated, promotional codes:

• can be used only once per order;
• cannot be combined with one another;
• cannot be exchanged for their cash value;
• cannot be applied after the order has been confirmed;
• may be limited to certain Products or categories of customers.

In the event of partial cancellation of an order that benefited from a discount subject to a minimum purchase amount, the amount refunded may be recalculated to take into account that the condition is no longer met.

3.4. Obvious Pricing Error

In the event of an obvious pricing error, in particular where a price is derisory or bears no relation to the usual value of the Product, the Seller will inform the Customer as soon as possible.

The Customer may then confirm their order at the corrected price or cancel it free of charge.

This provision does not allow the Seller to unilaterally change a price that was normally displayed and accepted.

Article 4 – Ordering

4.1. Selecting Products

The Customer selects the Products they wish to order and adds them to their basket. They may review their basket, change quantities or remove Products before the order is finally confirmed.

4.2. Ordering Steps

To place an order, the Customer must:

• select the Products and any options;
• check the contents of their basket;
• enter or confirm their contact details;
• choose from the delivery methods offered;
• check the total price of the order;
• select a payment method;
• read and accept these T&Cs;
• finally confirm the order with an obligation to pay.

The final confirmation button clearly indicates that the order entails an obligation to pay.

4.3. Information Provided by the Customer

The Customer undertakes to provide accurate, complete and up-to-date information.

They are in particular responsible for the accuracy of:

• their identity;
• their email address;
• their telephone number;
• the delivery address;
• the recipient’s name;
• the access information needed for delivery;
• the details provided for any personalization.

The Seller cannot be held liable for a delay or failure of delivery resulting solely from incorrect, incomplete or outdated information provided by the Customer.

Costs reasonably incurred for a new shipment made necessary by an error on the part of the Customer or by an unclaimed parcel may be charged to the Customer, after prior notice.

4.4. Order Confirmation

Before confirming their order, the Customer can check its details and total price and correct any errors. Final confirmation of the order constitutes a firm offer to purchase the selected Products.

4.5. Confirmation Email

After the order is confirmed and payment is authorized, a summary email is sent to the Customer at the address they provided.

This email includes in particular, directly or through accessible links:

• the order number;
• the details of the Products;
• the price paid;
• the delivery address;
• the delivery method.

The Customer must check the information in this email and promptly report any discrepancy to customer service.

4.6. Refusal or Cancellation of an Order

The Seller may refuse, suspend or cancel an order for a legitimate reason, in particular in the event of:

• refusal or failure of payment;
• reasonable suspicion of fraud;
• abusive use of a promotional offer;
• a previous unresolved payment dispute;
• manifestly false or inconsistent information;
• an order that appears abnormal;
• quantities that reasonably suggest professional resale activity;
• unavailability of the Product;
• inability to deliver to the requested territory;
• a manifestly unlawful personalization request.

The Customer will be informed of this decision as soon as possible. Any amounts collected for the cancelled Products will be refunded to them.

4.7. Commercial Cancellation Before Preparation

Independently of the statutory right of withdrawal, the Customer may request cancellation of their order within a maximum of 24 hours after confirmation, provided that preparation has not already begun.

The request can be made from the customer account using the "Cancel my items" button on the order concerned, or by promptly contacting customer service.

This commercial option cannot be guaranteed for:

• orders that have already been prepared;
• orders that have already been shipped;
• personalized Products for which manufacturing has begun;
• urgent orders or orders undergoing immediate preparation.

Where cancellation is accepted, the refund is made using the payment method used for the order, unless the Customer expressly agrees to another method.

4.8. Order Archiving

Order information is kept on a reliable and durable medium. The Seller keeps the order for a period of ten years in accordance with the applicable regulations. The Customer may request access to the invoice by contacting customer service and providing the information needed to identify the order.

Article 5 – Payment

5.1. Payment Methods

The payment methods actually available are presented to the Customer at the time of the order.

They may include, depending on the territory, the amount, the Products selected and the configuration of the Site:

• bank card;
• PayPal;
• a gift card;
• store credit;
• Flying Blue.

The Seller may add, suspend or remove a payment method without affecting orders already concluded.

5.2. Payment Due Date

The price is payable in full at the time the order is confirmed. The Customer’s account is debited according to the terms specific to the payment method selected.

5.3. Payment Security

Bank card payments are processed through a secure payment solution, in particular Shopify Payments or any other provider displayed at checkout.

Payment data is transmitted directly to the relevant provider using appropriate security and encryption protocols.

The Seller does not have access to the full bank card number or its security code.

5.4. Payment Refusal

The order may be suspended or cancelled where:

• the payment is refused;
• payment authorization is not obtained;
• the payment information is incomplete;
• an anomaly or reasonable suspicion of fraud is detected.

The Customer remains responsible for the use of the payment method employed, except in cases of fraudulent use for which they are not liable under the applicable regulations.

5.5. Invoice

An invoice is made available to the Customer in electronic format, in particular by email or from their customer account once the order has been shipped. The Customer agrees to receive their invoice electronically.

Article 6 – Gift Cards and Store Credit

6.1. Gift Cards

Gift cards can be used on the Site under the conditions indicated at the time of purchase.

Where the order amount exceeds the gift card balance, the difference must be paid using another available payment method.

6.2. Store Credit

Any store credit is linked to the customer account to which it was assigned.

Its validity period and terms of use are communicated to the Customer when it is issued.

Article 7 – Delivery

7.1. General Information

The Products are delivered to the address indicated by the Customer when ordering or made available at the selected pick-up point.

Delivery methods, prices and estimated delivery times are presented on the Delivery Terms page and during the ordering process.

7.2. Delivery Times

The estimated delivery time is communicated to the Customer before the order is confirmed. It includes the preparation time and the transit time.

The stated times may be affected by:

• periods of high activity;
• public holidays;
• weather conditions;
• constraints related to the transport of food products;
• cases of force majeure.

The Seller will inform the Customer when it becomes aware of a significant delay.

7.3. Hot Weather and Climatic Conditions

Chocolate is sensitive to high temperatures.

In order to preserve the quality of the Products, the Seller may in particular:

• temporarily suspend and reactivate certain delivery methods;
• change shipping days;
• restrict certain destinations;
• defer shipment after informing the Customer.

7.4. Tracking

Where tracking is offered by the carrier, the Customer receives an email or message containing the information needed to track the parcel’s progress. Tracking information is provided by the carrier.

7.5. Pick-up Point

Where the Customer chooses delivery to a pick-up point, they must collect the parcel within the communicated period and present any identification or documents that may be requested. If the parcel is not collected within the period, it may be returned to the Seller.

No refund can be guaranteed for a Product that can no longer be sold or consumed due to a delay solely attributable to the Customer, without prejudice to the Customer’s statutory rights.

7.6. Late Delivery

If the stated delivery time is exceeded, the Customer may ask the Seller to deliver within a reasonable additional period.

If the Seller fails to deliver within this additional period, the Customer may terminate the contract under the conditions provided for by the French Consumer Code.

In the event of termination, the amounts paid will be refunded within the statutory time limits.

7.7. Transfer of Risk

The risk of loss or damage to the Products is transferred to the Customer at the time when the Customer, or a third party designated by them other than the carrier proposed by the Seller, takes physical possession of the Products.

7.8. Receipt and Damaged Parcels

Upon receipt, the Customer is invited to check the external condition of the parcel and the apparent conformity of its contents.

In the event of an anomaly, it is recommended that the Customer:

• state precise reservations to the carrier where possible;
• keep the parcel and the Products;
• take photographs of the parcel, the shipping label and the Products;
• promptly contact customer service.

The absence of immediate reservations does not deprive the Customer of their statutory rights.

7.9. Missing, Damaged or Incorrect Product

Any claim concerning a missing, incorrect or damaged Product must be sent as soon as possible to our customer support.

The request should, as far as possible, include:

• the order number;
• a description of the problem;
• photographs of the parcel and the Products;
• any information useful for processing the request.

After review, the Seller will propose a suitable solution, such as replacing the Product, reshipping, a credit note or a refund, without prejudice to statutory guarantees.

Article 8 – Returns

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:

• Products that are liable to deteriorate or expire rapidly, such as our chocolates;

• personalized Products.

Article 9 – Storage and Consumption of the Products

The Customer must comply with the storage conditions, the best-before date (DLUO) and the precautions stated on the packaging.

Unless otherwise indicated, the Products must be stored:

• ideally, between 14°C and 18°C;
• in a cool, dry place;
• away from light;
• away from strong odors;
• in their packaging, properly closed after opening.

The Seller cannot be held liable for any deterioration resulting solely from:

• improper storage after delivery;
• prolonged exposure to heat, humidity or light;
• failure to follow the information on the packaging;
• consumption after a clearly indicated date.

This provision does not limit the Customer’s rights where the Product was already non-conforming or damaged upon delivery.

Article 10 – Liability

The Seller is responsible for the proper performance of the obligations arising from the contract under the conditions provided for by the applicable regulations.

However, its liability cannot be engaged where the non-performance or poor performance results from:

• an act attributable to the Customer;
• the unforeseeable and unavoidable act of a third party to the contract;
• a case of force majeure;
• incorrect information provided by the Customer;
• use or storage of the Product contrary to the instructions provided.

The Seller does not guarantee that the Site will operate without interruption or error.

It uses reasonable means to ensure its availability and security, but may temporarily suspend access for reasons of maintenance, updates, security or due to an external event.

Article 11 – Orders Intended for Resale

The Products offered on the Site are intended for the Customer’s personal consumption or to be given as gifts in a private context.

The Seller may refuse an order that is manifestly abnormal or that reasonably suggests habitual professional resale activity.

Anyone wishing to purchase Products for professional or resale purposes is invited to contact the Seller’s sales department and to use the ordering channels reserved for professionals.

Professional resale of the Products is subject to separate commercial terms.

Article 12 – Force Majeure

Neither party can be held liable for a failure to perform its obligations where that failure results from an event meeting the criteria of force majeure as defined by Article 1218 of the French Civil Code and French case law.

The affected party will inform the other party as soon as possible of the occurrence of the event and, where possible, of its estimated duration.

The obligations affected are suspended for the duration of the impediment.

If the impediment is permanent or continues beyond a reasonable period, the order may be cancelled under the conditions provided for by law. The amounts corresponding to Products not delivered will then be refunded.

Article 13 – Complaints

For any question or complaint concerning an order, the Customer may contact customer service via our Contact forms.

To facilitate the handling of the request, the Customer is invited to state their order number and attach any relevant documents.

The Seller will endeavor to respond as soon as possible.

Article 14 – Consumer Mediation

In the event of a dispute, the Customer must send a written complaint to customer service in order to seek an amicable solution.

If the response provided does not satisfy them, or if there is no response within a reasonable time, the Customer may use, free of charge, a consumer mediator whose details will be provided by the Seller, provided that:

• they have first sent a written complaint to the Seller;
• their request is not manifestly unfounded or abusive;
• the dispute has not already been examined, and is not currently being examined, by another mediator or by a court;
• they refer the matter to the mediator within one year of their written complaint to the Seller.

Recourse to mediation is optional. The Customer and the Seller remain free to accept or refuse the solution proposed by the mediator.

Article 15 – Governing Law and Competent Courts

These T&Cs and the contracts concluded on the Site are governed by French law.

Where the Customer resides in another Member State of the European Union, this choice does not deprive them of the more protective mandatory provisions to which they are entitled under the law of their country of residence.

In the event of a dispute and after an attempt at amicable resolution, the Customer may bring the matter before any court having jurisdiction under the rules of civil procedure and the French Consumer Code.