ARTICLE 1 - General provisions relating to the general terms and conditions of sale (GTCS)
1.1.
The present GTC are applicable exclusively to the online sale of AB CHOCOLAT products on the website
1.2.
The GTCS exclusively govern the online sales contracts of AB CHOCOLAT products to Clients and constitute, together with the order form, the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which are only indicative.
The GTC are drafted as well as all the contractual information mentioned on the Site in French.
1.3.
The GTC are made available to Clients on the AB CHOCOLAT website where they can be consulted directly.
The GTC are opposable to the customer who acknowledges, by ticking a box provided for this purpose, having been informed of them and having accepted them before placing an order.
The validation of the order by its confirmation implies acceptance by the purchaser of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the company AB CHOCOLAT.
1.4.
AB CHOCOLAT reserves the right to modify its GTC at any time.
In the event of a change in the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to that date can be given to the customer on request.
1.5.
The nullity of a contractual clause does not lead to the nullity of the GTC.
The temporary or permanent inapplication of one or more clauses of the GCS by AB CHOCOLAT shall not constitute a waiver on its part of the other clauses of the GCS which shall continue to produce their effects.
ARTICLE 2 - Products
2.1. Features
The products offered for sale on the Site are each described in a description of their essential characteristics.
The photographs illustrating the products do not constitute a contractual document.
2.2. compliance
The products comply with the regulations in force relating to the safety and health of persons, fair trading and the protection of Customers at the time they are placed on the market. The products sold have a use-by date on each package.
ARTICLE 3 - Prices
3.1. Selling price
The sale prices are indicated, for each of the products presented on the Site, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the Customer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
3.2. modification
AB CHOCOLAT reserves the right to modify its prices at any time, while guaranteeing the Client the application of the price in force on the day of the order.
ARTICLE 4 - Offer
4.1. Duration
The online sales offers presented on the Site are valid, in the absence of any indication of a particular duration, as long as the products appear on the Site and within the limits of available stocks.
4.2. Acceptance
The acceptance of the offer by the Customer is validated, in accordance with the double-click process, by the confirmation of the order.
ARTICLE 5 - Ordering
5.1. Steps in concluding the contract
To place an order, the Customer, after having filled his virtual basket with the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to delivery and payment method.
Before clicking on the "CONFIRM" button, the Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
The confirmation of the order implies acceptance of the GTC and forms the contract.
The Customer must fill in the order form accurately, including the billing and delivery address of the products, as well as the telephone number.
An e-mail acknowledging receipt of the order and its payment is sent by AB CHOCOLAT as soon as possible.
5.2. Order modification
Any modification of the order by the Client after confirmation of the order is subject to acceptance by AB CHOCOLAT.
5.3. Validation of the order
AB CHOCOLAT reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers who are consumers.
5.4. unavailability of ordered products
If the products ordered are unavailable for delivery, the company AB CHOCOLAT shall immediately inform the Client and may offer him a product of equivalent quality and price.
In the event of disagreement, the Customer shall be reimbursed within thirty days of payment of the amounts paid.
ARTICLE 6 - Contract
6.1. conclusion
The sales contract is formed when the Customer sends the order confirmation.
6.2. Archiving and evidence
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy.
These communications, order forms and invoices may be produced as proof of the contract.
6.3. Withdrawal
The statutory withdrawal period does not apply to the sale of perishable foodstuffs.
The sale of products by AB CHOCOLAT is therefore not affected by this withdrawal period.
ARTICLE 7 - Payment
7.1. Terms of payment
The price is due in full after confirmation of the order. Unpaid orders cannot be delivered.
Payment is made immediately upon ordering by credit card.
7.2. Secure payment
The Site is equipped with an online payment security system allowing the customer to encrypt the transmission of his banking data.
ARTICLE 8 - Invoicing
An invoice is issued for each delivery and is issued at the time of delivery.
ARTICLE 9 - Delivery
9.1. delivery area
Deliveries are made in metropolitan France and in certain countries of the European Community as well as in other countries outside the EU (see the section "
9.2. Delivery time
Deliveries shall only be made according to availability and in the order of arrival of orders. The company AB CHOCOLAT is authorised to make deliveries in whole or in part.
The delivery times are indicated as accurately as possible but are dependent on the supply possibilities and the mode of transport selected by the Customer.
Delivery times may be extended or suspended, at the sole discretion of AB CHOCOLAT, depending on the weather conditions, in order to preserve the quality of the products.
9.3. Delayed delivery
A delay in delivery exceeding seven days and not due to a case of force majeure may result in the cancellation of the sale by the Client who, within a period of sixty working days from the date of delivery indicated, shall cancel his order by registered letter with acknowledgement of receipt, return the products if they have been delivered and receive from AB CHOCOLAT, at the latest within a period of thirty days, the restitution of his payment, to the exclusion of any compensation.
In any event, delivery within the time limits may only take place if the buyer is up to date with his obligations towards AB CHOCOLAT.
9.4. Terms of delivery
The products are delivered to the address indicated by the Customer on the order form.
Delivery is made by an independent carrier chosen by AB CHOCOLAT, depending on the delivery method chosen by the Client.
If the Customer or any person authorised to receive the delivery is absent when the carrier passes by the delivery address indicated on the order form, a notice of passage specifying the procedures for collecting the parcel will be left in the letterbox by the carrier. In this case, it will be the sole responsibility of the Customer to collect the package.
A delivery note must be signed by the customer who must check the conformity and the state of packaging of the product on receipt.
In all cases, the goods travel at the risk of the recipient.
In the event of deterioration of the product, the client must imperatively formulate reservations on the delivery slip on receipt, a copy of which is sent to the company AB CHOCOLAT and, within three days of receipt, notify these reservations to the carrier by registered letter with acknowledgement of receipt.
9.5. Product compliance
If the product does not conform to the order, the client must send a complaint to the company AB CHOCOLAT, under the conditions set out in article 15.1 of these terms and conditions, with a view to obtaining the replacement of the product or possibly the cancellation of the sale.
9.6. Unavailability of products
In the event of unavailability of products on delivery, the company AB CHOCOLAT may propose, under the conditions set out in article 5-4 of the GCS, a product equivalent in terms of quality and price.
ARTICLE 10 - Legal guarantees
All products supplied by AB CHOCOLAT are covered by the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the company AB CHOCOLAT undertakes, at the client's choice, to reimburse or exchange the products that do not correspond to the order.
"Legal guarantee of conformity" (extract from the Consumer Code)
- Art. L. 211-4.
- Art. L. 211-12. "An action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
- Art. L. 211-5.
1° Be fit for the purpose usually expected of similar goods and, where appropriate :
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter
"On the guarantee of defects in the thing sold" (extract from the Civil Code)
-
- Art. 1648 - paragraph 1.
ARTICLE 11 - Liability
11.1. Exemption from liability
AB CHOCOLAT may not be held liable in the event of non-performance or poor performance of the contract due either to the fault of the Client, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
AB CHOCOLAT may not be held liable for the non-conformity of the product with the legislation of the Client's country, who is responsible for checking that the product is not prohibited for sale in his country.
11.2 Limitation of liability
In the event of non-performance of its commitments, AB CHOCOLAT will only reimburse the sum paid by the Client, to the exclusion of the payment of any compensation or direct or indirect damages that the Client may claim.
11.3. criminal clause
In all cases of non-performance of its obligations by the Client, the sum paid at the time of the order shall be retained by AB CHOCOLAT as compensation.
ARTICLE 12 - Intellectual Property
The elements reproduced on this Site, which are the exclusive property of the publisher, are protected by copyright and trademark law.
Any reproduction and dissemination of these elements will expose the offenders to legal proceedings.
ARTICLE 13 - Personal data
The collection of personal data, their use for order processing and the creation of customer files and their distribution to third parties responsible for the execution and payment of orders is subject to the consent of the person concerned.
The processing of nominative data, which are kept by the publisher for the sole purpose of the proper administration of orders and commercial relations, is subject to a declaration to the National Commission for Information Technology and Civil Liberties.
The Customer has the right to access, modify, rectify and delete his personal data at any time.
ARTICLE 14 - Information concerning the Site and the company AB CHOCOLAT
AB CHOCOLAT is a simplified joint stock company with a capital of 140,000 euros, registered in the Toulouse Trade and Companies Register under the number
Website host
ARTICLE 15 - Dispute resolution
15.1. claim
Any complaint must be addressed to the company AB CHOCOLAT, within 24 hours of receipt of the products, at the registered office of the company AB CHOCOLAT or at the following e-mail address jaimelechocolat@belloangeli.fr.
If the complaint is accepted by AB CHOCOLAT, the Client is reimbursed at the latest within thirty days of payment of the sums paid.
15.2. territorial jurisdiction
For any dispute relating to the order form and these GTC, the competent court will be that of the place of residence of the defendant.
ARTICLE 16 - Applicable law
The sales contract and the GTC governing it are subject to French law.