Terms of sale

Article 1 – Identity of the seller and scope

1.1. Identity of the seller

The Le chocolat des Français website, hereinafter the “Site”, is published by Les Gourmandises des Français, registered with the Paris Trade and Companies Register under number 804 654 069.

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

1.2. Purpose

These general terms and conditions of sale, hereinafter the “Terms”, set out 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 natural person acting for purposes that fall outside their trade, business, craft, profession or farming activity, hereinafter the “Customer”.

These Terms do not apply to purchases made for resale or in the course of a professional activity. Such purchases are subject to the Seller’s terms of trade for professionals.

1.3. Delivery territories

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 weather constraints. The Seller is not required to accept an order for delivery to a territory that is not offered during checkout.

1.4. Acceptance of the Terms

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

The Customer acknowledges having received, before placing the order, the information needed to check 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 authorisation and under the responsibility of their legal representative.

1.6. Applicable version

The applicable Terms are those in force on the date the order is confirmed.

The Seller may amend these Terms at any time. New provisions apply only to orders placed after they are published online and do not change contracts already concluded.

The Customer may download or print the Terms 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:

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

The Customer is invited to read this information carefully before ordering, especially 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

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

Allergen information is given on the product pages and, where applicable, on the packaging. The Customer is responsible for checking this information before consumption.

The information on the packaging of the Product delivered prevails if the recipe has changed or if it differs from information previously shown on the Site.

2.3. Photographs and illustrations

The Seller takes the greatest care in presenting the Products.

Photographs, illustrations, apparent dimensions and colour 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;
• an occasional change in 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

Products are offered while stocks last.

The Seller may change its range, stop selling a Product or limit quantities at any time.

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

2.5. Unavailability after ordering

If a Product exceptionally becomes unavailable after the order has been confirmed, the Customer is informed by e-mail as soon as possible.

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 is sent without the Customer’s prior consent.

In the event of cancellation, the sums paid for the unavailable Product are refunded as soon as possible and at the latest within the time limits set by applicable regulations.

2.6. Personalised Products

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

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

The Seller cannot be held liable for an error in the information confirmed and provided 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 shown in euros, including all taxes, at the VAT rate applicable on the day of the order.

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

3.2. Delivery charges

Delivery charges are calculated based on, in particular:

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

The total amount of delivery charges is shown to the Customer before the order is finally confirmed.

3.3. Promotions and discounts

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

Unless stated otherwise, promotional codes:

• may be used only once per order;
• cannot be combined with each other;
• 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.

If an order that benefited from a discount subject to a minimum purchase amount is partially cancelled, the amount refunded may be recalculated to reflect the fact that this 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 unrelated to the usual value of the Product, the Seller informs the Customer as soon as possible.

The Customer may then confirm the 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 – Orders

4.1. Selecting Products

The Customer selects the Products they wish to order and adds them to their cart. They can view their cart, change quantities or remove Products before finally confirming the order.

4.2. Ordering steps

To place an order, the Customer must:

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

The final confirmation button clearly states 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.

In particular, they are responsible for the accuracy of:

• their identity;
• their e-mail address;
• their telephone number;
• the delivery address;
• the recipient’s name;
• the access information needed for delivery;
• the details provided for a personalisation.

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

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

4.4. Order confirmation

Before confirming the 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 e-mail

Once the order has been confirmed and the payment authorised, a summary e-mail is sent to the Customer at the address they provided.

This e-mail includes, directly or through accessible links:

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

The Customer must check the information in this e-mail and promptly report any anomaly 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:

• refused or failed payment;
• reasonable suspicion of fraud;
• abusive use of a promotional offer;
• an unresolved previous payment dispute;
• manifestly false or inconsistent information;
• an order of an abnormal nature;
• quantities reasonably suggesting a professional resale activity;
• unavailability of the Product;
• inability to deliver to the requested territory;
• a manifestly unlawful personalisation request.

The Customer is informed of this decision as soon as possible. Any sums collected for the cancelled Products are refunded.

4.7. Commercial cancellation before preparation

Independently of the statutory right of withdrawal, the Customer may ask to cancel their order within a maximum of 24 hours after confirming it, provided that its preparation has not already started.

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 already prepared;
• orders already shipped;
• personalised Products whose manufacture has started;
• urgent orders or orders prepared immediately.

When the 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 stored on a reliable and durable medium. The Seller keeps the order for ten years under the conditions set by 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 shown to the Customer when ordering.

Depending on the territory, the amount, the products selected and the configuration of the Site, they may include:

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

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

5.2. When payment is due

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

5.3. Payment security

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

Payment data is sent directly to the provider concerned using appropriate security and encryption protocols.

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

5.4. Payment refusal

The order may be suspended or cancelled when:

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

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

5.5. Invoice

An invoice is made available to the Customer in electronic form, in particular by e-mail or from their customer account as soon as the order is shipped. The Customer agrees to receive their invoice electronically.

Article 6 – Gift cards and store credit

6.1. Gift cards

Gift cards may be used on the Site under the conditions stated when they were purchased.

If 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 granted.

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

Article 7 – Delivery

7.1. General information

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

Delivery methods, their rates and lead times are shown on the Delivery terms page and during checkout.

7.2. Delivery times

The Seller delivers the Products on the date or within the time limit indicated to the Customer before the order is confirmed (product page, cart and payment page). This time limit includes preparation time and transit time.

The time limit indicated takes into account peak periods (end-of-year holidays, Valentine’s Day, Easter…), public holidays and the constraints of transporting food products. When these circumstances extend the usual lead times, the extended time limit is shown to the Customer before the order is confirmed.

If no delivery date or time limit has been indicated or agreed, the Seller delivers the Products without undue delay and at the latest thirty (30) days after the contract is concluded, in accordance with Article L.216-1 of the French Consumer Code.

In accordance with Article L.221-15 of the French Consumer Code, the Seller is automatically liable for the proper performance of delivery, including when it is carried out by a carrier. It can only be released from all or part of its liability by proving that the delay is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.

The Seller informs the Customer without delay as soon as it becomes aware of a delay.

7.3. Hot weather and climatic conditions

Chocolate is sensitive to high temperatures.

To preserve the quality of the Products, the Seller may in particular:

• temporarily suspend and activate certain delivery methods;
• change shipping days;
• restrict certain destinations;
• postpone shipping, with the Customer’s agreement; failing such agreement, the Customer may cancel their order and receives a full refund of all sums paid.

7.4. Tracking

When tracking is offered by the carrier, the Customer receives an e-mail or message with the information needed to follow the parcel. Tracking information is provided by the carrier.

7.5. Pick-up point

When the Customer chooses delivery to a pick-up point, they must collect the parcel within the stated time and present any proof requested. If the parcel is not collected within the stated time, it may be returned to the Seller.

No refund can be guaranteed for a Product that can no longer be sold or eaten because of a delay attributable exclusively to the Customer, subject to the Customer’s statutory rights.

7.6. Late delivery

If the Seller fails to deliver on the date or by the end of the agreed time limit, the Customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having requested the Seller, in the same way, to deliver within a reasonable additional period, the Seller has not done so within that period (Article L.216-6 of the French Consumer Code). The contract is deemed terminated when the Seller receives the letter or written notice informing it of the termination, unless the Seller has delivered in the meantime.

The Customer may terminate the contract immediately, without granting an additional period:

• when the Seller refuses to deliver or it is clear that it will not deliver;
• when the Seller does not deliver on the date or by the end of the agreed time limit and that date or time limit was an essential condition of the contract for the Customer, resulting from the circumstances of the order or from an express request made by the Customer before ordering (for example, delivery before a celebration or an event specified when ordering).

If the contract is terminated, the Seller refunds the Customer all sums paid, including delivery charges, at the latest within fourteen (14) days of the date on which the contract was terminated (Article L.216-7 of the French Consumer Code). These provisions do not deprive the Customer of the right to claim damages.

7.7. Transfer of risk

The risk of loss of or damage to the Products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier offered by the Seller, takes physical possession of the Products.

7.8. Receipt and damaged parcels

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

In the event of an anomaly, we recommend:

• making precise reservations with the carrier where possible;
• keeping the parcel and the Products;
• taking photographs of the parcel, the shipping label and the Products;
• promptly contacting 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 to our customer support as soon as possible.

Where possible, the request should include:

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

After review, the Seller offers an appropriate solution, such as replacing the Product, a new shipment, a credit note or a refund, without prejudice to the statutory warranties.

Article 8 – Right of withdrawal and returns

8.1. Withdrawal period

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) days to exercise their right of withdrawal, without having to give reasons for their decision or bear any costs other than those provided for in Article 8.4. This period runs from the day the Product is received by the Customer or by a third party designated by them, other than the carrier. Where the order covers several Products delivered separately, it runs from receipt of the last Product. If the period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

8.2. Exceptions

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 all our chocolates, with the exception of the hot chocolate powder;
• Products that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection. This is the case of the hot chocolate powder whose box closure seal has been removed, peeled off or damaged;
• personalised Products.

The hot chocolate powder therefore benefits from the right of withdrawal as long as the closure seal of its box is intact.

8.3. Exercising the right of withdrawal

To exercise their right of withdrawal, the Customer notifies their decision before the period expires:

• by filling in the online withdrawal form;
• or by sending the withdrawal form appended to these Terms, or any other unequivocal statement setting out their decision to withdraw, by post to: Le chocolat des Français – 8 rue du Caire, 75002 Paris, France.

When the Customer uses the online form, the Seller sends them an acknowledgement of receipt by e-mail without delay.

8.4. Returning the Product

The Customer returns the Product, in its original packaging and with the closure seal intact, without undue delay and at the latest within fourteen (14) days of communicating their decision to withdraw, to the following address: Le chocolat des Français – 8 rue du Caire, 75002 Paris, France. The direct cost of returning the Product is borne by the Customer. The Customer is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish its nature and characteristics.

8.5. Refund

The Seller refunds all sums paid, including the initial delivery charges (except for the additional costs resulting from the Customer’s choice of a delivery method more expensive than the standard delivery method offered), without undue delay and at the latest within fourteen (14) days of the date on which it is informed of the decision to withdraw. The Seller may withhold the refund until it has received the Product back or until the Customer has supplied proof of having sent it, whichever is the earliest. The refund is made using the payment method used for the order, unless the Customer expressly agrees to another method, and does not incur any fees for the Customer.

8.6. Statutory warranties

The right of withdrawal does not deprive the Customer of the statutory warranties they benefit from, in particular in the case of a non-conforming or damaged Product (see Article 7.9).

Article 9 – Storage and consumption of the Products

The Customer must follow the storage conditions, the best-before date (DLUO) and the precautions shown on the packaging.

Unless stated otherwise, the Products should be stored:

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

The Seller cannot be held liable for any deterioration resulting exclusively 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 when delivered.

Article 10 – Liability

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

However, it cannot be held liable where non-performance or improper performance results from:

• an act attributable to the Customer;
• the unforeseeable and insurmountable act of a third party to the contract;
• 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 takes reasonable measures to ensure its availability and security, but may temporarily suspend access for maintenance, updates, security reasons or because of 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 setting.

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

Anyone wishing to buy Products for professional purposes or for resale 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 terms of trade.

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 defined by Article 1218 of the French Civil Code and French case law.

The party prevented from performing informs 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 lasts beyond a reasonable period, the order may be cancelled under the conditions provided for by law. The sums corresponding to the Products not delivered are then refunded.

Article 13 – Complaints

For any question or complaint about an order, the Customer can contact customer service through our Contact forms.

To help us handle the request, the Customer is invited to give their order number and attach any useful information.

The Seller endeavours to reply as soon as possible.

Article 14 – Amicable dispute resolution and consumer mediation

14.1. Prior complaint

In the event of a dispute about an order, the Customer first sends a written complaint to customer service, via the Site’s Contact form or by post to Les Gourmandises des Français – Le chocolat des Français, 8 rue du Caire, 75002 Paris, France, stating their order number and any useful information (see Article 13). The Seller undertakes to reply within a maximum of one month.

14.2. Consumer mediation

In accordance with Title I of Book VI of the French Consumer Code, Les Gourmandises des Français has appointed the CMAP (Centre de Médiation et d'Arbitrage de Paris, 39 avenue Franklin D. Roosevelt, 75008 Paris, France) as its consumer mediator.

The consumer may refer a mediation request to the CMAP free of charge, using the online form available on the www.cmap.fr website, Consumer page, after sending a written complaint to Les Gourmandises des Français that has received no reply more than one month after it was sent, or that has received an unsatisfactory reply.

A mediation request is not admissible, in particular, where:

• the consumer has not first tried to resolve the dispute directly with the Seller through a written complaint;
• it is manifestly unfounded or abusive;
• the dispute has already been examined, or is being examined, by another mediator or by a court;
• the consumer submitted their request to the mediator more than one year after their written complaint to the Seller.

14.3. Conciliation

The Customer may also, at any time, call on a court conciliator (conciliateur de justice) free of charge, either directly (contact details at www.conciliateurs.fr) or through the competent court.

14.4. Optional nature

Recourse to mediation or conciliation is optional. The Customer and the Seller remain free to accept or refuse the proposed solution. In all cases, the Customer retains the right to bring the matter before the competent courts (Article 15).

Article 15 – Governing law and jurisdiction

These Terms 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 they benefit from under the law of their country of residence.

Failing an amicable agreement between the Customer and the Seller, reached where appropriate with the help of a judge, a court conciliator or a mediator, the consumer Customer may, in accordance with Article R.631-3 of the French Consumer Code, bring proceedings either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they lived at the time the contract was concluded or the harmful event occurred.

 

Appendix – Withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Les Gourmandises des Français – Le chocolat des Français, 8 rue du Caire, 75002 Paris, France:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

Order number:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.