Terms and Conditions of Sale and Use
1. General principles
The present general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") define the terms and conditions of online sales concluded between DEBAUVE ET GALLAIS and any customer (hereinafter referred to as the "Customer") making a purchase (hereinafter referred to as an "Order") of products (hereinafter referred to as the "Products") offered for sale via the Site. They are written in French in their original version, which alone is authentic and prevails over any other version, and in particular any English version that may be available.
The General Sales Conditions apply to the exclusion of all other conditions. The aforementioned General Terms and Conditions of Sale are accessible by the Customer on the Site at any time, and are systematically subject to the Customer's consent at the time the order is placed (hereinafter referred to as the "Order Placement"). In view of possible changes to the Site, DEBAUVE ET GALLAIS reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Consequently, DEBAUVE ET GALLAIS invites the Customer to consult the General Terms and Conditions of Sale prior to any new Order. The General Terms and Conditions of Sale then in force will be applicable to any Order placed after the date on which they are put online.
Any Customer who disagrees with these General Terms and Conditions of Sale must immediately cease to use the Site and interrupt any Order currently in progress.
Clicking on the "I accept the general terms and conditions of sale" button indicates the Customer's consent to the application of these General Terms and Conditions of Sale. The Customer declares that he/she has read the following provisions before placing an order for the Products, and fully and unreservedly agrees to the present General Terms and Conditions of Sale.
Failure to exercise, at any time, a prerogative recognized by the General Terms and Conditions of Sale shall in no way be interpreted as a modification of the said conditions, nor as an express or tacit waiver of the right to exercise the said prerogative in the future, or of the right to demand the scrupulous execution of the commitments entered into herein.
Should any of the terms of the General Terms and Conditions of Sale be deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
2. Products
The essential characteristics of the Products are described for each Product in the online catalog accessible on the Site. They are presented to the Customer prior to placing the Order, as part of the pre-contractual information provided to the Customer.
3. Customer account
The Customer may create a customer account (hereinafter referred to as a "Customer Account") if he/she so wishes, in order to facilitate any subsequent Order placement. Where applicable, DEBAUVE ET GALLAIS will request from the Customer the personal data strictly necessary for the aforementioned subsequent Order Placement. In this respect, the Customer undertakes to provide DEBAUVE ET GALLAIS with accurate, up-to-date and complete data and to maintain its accuracy. The Customer undertakes not to create a Customer Account under a false identity. It is the Customer's responsibility to update his/her personal data.
Once the Customer Account has been created, a confirmation e-mail summarizing the information provided is sent to the Customer's e-mail address.
The connection identifier is the Customer's e-mail address. Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to third parties for any reason whatsoever. The Customer is responsible for his/her password. If the Customer becomes aware that his account is being used fraudulently, he undertakes to notify DEBAUVE ET GALLAIS immediately.
4. Control
The Customer places an Order from the DEBAUVE et GALLAIS online catalog, which is accessible on the Site.
Any Order implies acceptance of the description of the Products and the prices in force on the day of the Order.
To place an Order, the Customer must :
- fill his/her shopping basket with one or more Products;
- if necessary, log in to his/her Customer Account or create one;
- check the Product(s) ordered, the price and the number of Products displayed, and identify and correct any errors;
- validate the order;
- provide delivery details, in particular the country of delivery (hereinafter referred to as the "Country of Delivery");
- where applicable, choose a delivery method;
- choose a payment method;
- read and accept the General Terms and Conditions of Sale;
- follow the payment instructions according to the method selected;
- check the order and confirm it definitively by agreeing to pay the price.
The order will not be definitively recorded until the last validation of the order summary screen and the Customer's commitment to pay the price (hereinafter referred to as the "Order Summary"). This action is equivalent to the handwritten signature referred to in article 1367 of the French Civil Code, and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code. As of this action:
- the Customer confirms his/her order and declares that he/she accepts it, as well as the entirety of these General Terms and Conditions of Sale, in full and without reservation; and
- the order is considered irrevocable and may only be called into question in the cases exhaustively provided for herein.
5. Order confirmation
Once the Customer has placed an Order, a detailed acknowledgement of receipt will be sent to the e-mail address previously provided. This acknowledgement specifies the exact amount invoiced, the indication of the products ordered and their quantity, the terms of delivery of the order and refers to the present General Terms and Conditions of Sale. The aforementioned acknowledgement of receipt confirms that DEBAUVE ET GALLAIS has taken the Customer's Order into account, but does not imply confirmation of the availability of the said Product. In short, DEBAUVE et GALLAIS undertakes to honour Orders only within the limits of available stocks.
In the absence of availability, DEBAUVE et GALLAIS undertakes to inform the Customer as soon as possible by e-mail or telephone. In the event of unavailability of Products, the Customer may either cancel or modify the Order. In the event of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days of receipt of the cancellation request.
The Customer accepts that the order registration systems are proof of the purchase and its date. By retaining and/or printing the aforementioned acknowledgement of receipt of the Order Placement, the Customer holds proof of his/her order, which DEBAUVE et GALLAIS recommends that he/she keep.
6. Awards
Product prices are indicated on the Site in euros, inclusive of all taxes. Depending on the Country of Delivery selected, the said prices will include the value-added tax in force for metropolitan France and the European Union on the day the Order is placed, as indicated on the Order Summary.
The prices advertised do not include delivery charges, which are in principle payable by the Customer, in accordance with the stipulations of article 8 below.
Where applicable, promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
7. Delivery charges
Delivery costs (hereinafter referred to as the "Delivery Costs") as indicated on the Order Summary are the sole responsibility of the Customer, except in the case exhaustively provided for in article 11 hereof, linked to the non-conformity or defect of the Product. They include order processing and packaging.
However, by derogation, for all Orders over 500 euros in mainland France, the initial delivery costs are borne by DEBAUVE ET GALLAIS.
8. Payment
Payment of the order is to be made in cash on the day the Product Order is placed, using the following methods:
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By credit card;
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By Paypal;
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By bank cheque sent to the address indicated when selecting this method of payment.
The above methods of payment constitute irrevocable payments from the effective receipt of the sums due by DEBAUVE et GALLAIS, except in the case of proven fraud. In such cases, the Customer may request the cancellation of the payment and the return of the corresponding sums.
In any event, the order will be processed on receipt of payment and subject to its collection.
9.Delivery
9.1. Terms of delivery
Delivery is made in mainland France or in any other Delivery Country selected by the Customer, subject to DEBAUVE ET GALLAIS's ability to execute the Order.
Delivery tracking references will be indicated by e-mail to the Customer, to enable him to follow the progress of his delivery.
Delivery costs will be invoiced at the rate in force on the day the Order is placed and as indicated on the Order Summary.
The Customer is informed of the delivery terms and conditions before definitive confirmation of the Order.
The Customer expressly acknowledges that the transfer of risks for the Products takes place when DEBAUVE ET GALLAIS hands them over to the carrier responsible for delivering the Order: the Products therefore travel at the Customer's risk.
10.2. Delivery times
Delivery times are indicated when the order is placed. They vary according to the delivery method chosen. They begin to run from the date of receipt of payment by DEBAUVE ET GALLAIS.
If several Products in the same Order have a different delivery date, the latest delivery date will be that which is furthest away. However, in this case, DEBAUVE ET GALLAIS reserves the right for the Customer to request delivery of the Order in several instalments.
In the event of late delivery attributable to DEBAUVE ET GALLAIS, the Customer will have the option of requesting the cancellation of the sale of the Product by registered letter with acknowledgement of receipt or by any other durable medium (in particular e-mail with acknowledgement of receipt) if, after having enjoined DEBAUVE ET GALLAIS, by the same means, to effect delivery within a further period of 15 days, DEBAUVE ET GALLAIS has not done so within this period.
In this case, the sale will be considered cancelled upon receipt by DEBAUVE ET GALLAIS of the letter informing it of the cancellation, unless DEBAUVE ET GALLAIS has performed in the meantime.
In the event of cancellation of the sale, DEBAUVE ET GALLAIS will reimburse the Customer within 14 days from the date of cancellation.
Failure to meet delivery deadlines will not give rise to the payment of any compensation whatsoever.
10. Receipt of Products
By way of introduction, the Customer declares that he/she is aware of the risks, despite protective packaging, of transporting Products that are fragile by nature during periods of high heat. In this respect, the Customer may not express any reservations upon receipt of the Products based on criteria concerning the taste, freshness or appearance of the Products.
The Customer is required to check the condition of the packaging and the conformity of the Products at the time of delivery, and must immediately inform the delivery agent of any reservations he may have concerning the condition of the Products delivered, so that these may be noted on the transport document: damaged packaging, damage suffered, conformity with the order, etc. Any complaint concerning apparent defects must be made to the delivery agent.
Any complaint concerning apparent defects or the non-conformity of the Product delivered in relation to the information given at the time of presentation of the Product on the Site must be confirmed by the Customer to DEBAUVES et GALLAIS within 3 working days following the time of delivery by e-mail to the following address: [email protected ]. Similarly, any damage linked to transport must be confirmed by the Customer by expressing reservations in writing to the transporter of the Products at the time of delivery or at the latest 3 working days after this delivery.
The Customer must provide full justification as to the reality of the non-conformities, damage or defects observed.
If no complaint is made within the aforementioned time limit and conditions, the Products delivered will be deemed to have been accepted by the Customer.
By notifying DEBAUVE ET GALLAIS of the defect or non-conformity of the Product, subject to compliance with the stipulations of the present clause, the Customer will obtain a return authorization from DEBAUVE ET GALLAIS specifying the address and terms of return of the Products.
Once the return authorization has been obtained, the Customer undertakes to return the Products to DEBAUVE ET GALLAIS at the address specified on the return authorization in accordance with the terms and conditions indicated.
Any Product returned without the agreement of DEBAUVE ET GALLAIS will be refused and returned to the sender at the latter's expense and risk.
To be validly returned to DEBAUVE ET GALLAIS and/or exchanged, Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
In the event that the Customer returns the Product due to damage or lack of conformity which has been confirmed by DEBAUVE ET GALLAIS, the Customer must use the same method of delivery for the return of the Products as that chosen for the shipment of the Products ordered. In this case, DEBAUVE ET GALLAIS will cover the cost of returning the Products by means of a return voucher or, failing this, by reimbursing the Customer for the actual amount of the said costs (proof of the cost of returning the Products must be enclosed with the parcel; in the absence of such proof, no reimbursement may be demanded by the Customer).
11. Warranties
Subject to the applicability of the standards in force, DEBAUVE ET GALLAIS exclusively recognizes the right of the "consumer" Customer, within the meaning of the preliminary article of the French Consumer Code, to implement the legal guarantee of conformity (articles L. 217-3 et seq. of the French Consumer Code).
Notwithstanding the aforementioned stipulations, DEBAUVE ET GALLAIS acknowledges that the customer has the right to invoke the legal warranty relating to defects in the item sold (articles 1641 to 1648 of the French Civil Code).
The procedures for invoking the aforementioned warranties are set out below, in accordance with the applicable provisions:
11.1. guarantee of conformity
Article L. 217-3 of the French Consumer Code:
The seller delivers a good that conforms to the contract and to the criteria set out in article L. 217-5.
The seller is liable for defects in conformity existing at the time of delivery of the good, as defined in article L. 216-1, which appear within a reasonable period of time after delivery. 216-1, which become apparent within two years of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code:
The goods conform to the contract:
1º If they are fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2º Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-8 of the French Consumer Code:
In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced, or, failing this, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price, or the delivery of the benefit provided for in the contract, until the seller has fulfilled his obligations under this chapter, in accordance with articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
11.2 Legal warranty relating to defects in the item sold
Article 1641 of the French Civil Code:
The seller is bound by a warranty relating to hidden defects in the item sold which render it unfit for the use for which it was intended, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lesser price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
12Liability
12.1 Information
DEBAUVE ET GALLAIS makes every effort to ensure that the information published on the Site is accurate and up-to-date, and reserves the right to modify it at any time without notice. However, it cannot guarantee the accuracy, precision or completeness of the information on the Site. Consequently, DEBAUVE ET GALLAIS declines all responsibility for any imprecision, inaccuracy or omission in the information available, as well as any responsibility for damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained on the Site.
DEBAUVE ET GALLAIS cannot be held responsible for hypertext links set up within the framework of the present Internet Site leading to other resources present on the Internet network. DEBAUVE ET GALLAIS has no means of controlling the Sites connected to its Site, and the Customer is hereby expressly informed of this fact. Consequently, the risks associated with this use are fully incumbent on the Internet user, who must comply with the conditions of use specific to each Site.
Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, DEBAUVE ET GALLAIS cannot be held responsible in the event of an error in one of these photographs or texts.
12.2 Conformity of Products with applicable standards
DEBAUVE ET GALLAIS undertakes to sell Products that comply with the regulations and standards in force in France and any standards applicable at the time of sale.
12.3. Use of the Site
Use of and browsing on the Site are the responsibility of the Customer. DEBAUVE ET GALLAIS declines all responsibility and may not be held liable for any damage or virus that may affect computer equipment or any other material when accessing the Site, using the Site or browsing the Site, or downloading any content, data, text, images or files from the Site.
12.4. Non-compliant use of Products
DEBAUVE ET GALLAIS declines all responsibility and cannot be held liable for any damage caused to the Customer or to a third party due to non-compliant use of the Products.
The Products sold on the Site may contain certain allergens specified for each Product under the heading "Allergens". In this respect, DEBAUVE ET GALLAIS declines all responsibility for any damage resulting from the consumption of said allergens.
12.5.
Prohibition on resale of Products
The Customer undertakes not to resell the Products.
13. Consumer Customer's right of withdrawal
Pursuant to the provisions of articles L.221-18 et seq. of the French Consumer Code, the "consumer" Customer, as defined in the preliminary article of the French Consumer Code, who concludes a contract by means of distance communication, has a withdrawal period of fourteen (14) days from the date of receipt of the Product in which to cancel the order.
To exercise his right of withdrawal, the Customer must inform DEBAUVE ET GALLAIS of his intention to withdraw by means of an unambiguous statement:
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By email to [email protected]; or
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By returning the withdrawal form below, using the following steps:
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Print out the withdrawal form.
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Fill in the form and sign
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Return the form by registered letter with acknowledgement of receipt to SAS CHOCOLAT DEBAUVE ET GALLAIS, 30 rue des Saints-Pères, 75007 Paris or by e-mail to : [email protected]
When the right of retraction is transmitted electronically on line from the Site, DEBAUVE ET GALLAIS will immediately send the Customer an acknowledgement of receipt of the retraction.
Upon receipt of the retraction request and on the instruction of DEBAUVE ET GALLAIS, the Customer will send, without delay, the Products, accompanied by the copy of the invoice. The costs and risks of returning the Products are the sole responsibility of the Customer.
The cost of returning the Products is the cost of the initial delivery under the standard delivery method proposed by DEBAUVE ET GALLAIS when the Order was placed.
DEBAUVE ET GALLAIS undertakes to reimburse the Customer for the price of the Order within 14 days of receipt of the Products, using the same method of payment selected by the Customer when the Order was placed.
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The Customer may be held liable in the event of deterioration of the Product by the Customer.
Notwithstanding the foregoing, and in accordance with the provisions of article L. 221-28 of the French Consumer Code, the Customer expressly acknowledges that the right of withdrawal is excluded for the following products:
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Products made to the consumer's specifications or clearly personalized;
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Products likely to deteriorate or expire rapidly;
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Products which you have unsealed after delivery and which cannot be returned for reasons of hygiene or health protection; and
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Products which, after delivery and by their nature, are indissociably mixed with other items.
14. Intellectual property
The Customer has no intellectual or industrial property rights on the Products, packaging, etc. DEBAUVE ET GALLAIS remains the exclusive owner of all these rights.
Any use in any way whatsoever by the Customer of the DEBAUVE ET GALLAIS brand or any other brand belonging to DEBAUVE ET GALLAIS or its suppliers and manufacturers is strictly forbidden, except with the express agreement of DEBAUVE ET GALLAIS.
The content and structure of the Site are reserved under copyright law, as well as under intellectual property law, for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorized, subject to different or even more restrictive provisions of the French Intellectual Property Code.
Any reproduction or representation, in whole or in part, of any content present on the Site (in particular any text, image, iconographic or photographic representation, trademark or logo) for any purpose and on any medium whatsoever is prohibited.
Failure to comply with this prohibition constitutes an infringement which may incur the civil and criminal liability of the infringer.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a license to any intellectual property right whatsoever.
15. Protection of personal data
DEBAUVE ET GALLAIS declares that it complies with and undertakes to comply with the regulations relating to personal data in force in France, and in particular the European Data Protection Regulation of 27 April 2016 (RGPD) and the French Data Protection Act of 6 January 1978 as amended.
The nature of the services and goods that DEBAUVE ET GALLAIS provides means that certain information concerning the Customer ("Personal Data") is collected and processed (together "Processing"). The Processing of Personal Data by DEBAUVE ET GALLAIS is carried out in accordance with the principles of Regulation (EU) 2016/679 (General Data Protection Regulation). Details of how DEBAUVE ET GALLAIS complies with this regulation and the Customer's related rights are posted at ... which the Customer acknowledges having read in full.
In accordance with article L223-2 of the French Consumer Code, the Customer is informed that he/she has the option of registering, free of charge, on a BLOCTEL list (liste d'opposition au démarchage téléphonique), on the website https://www.bloctel.gouv.fr/, in order to no longer be contacted by telephone by a professional with whom the Customer has no current contractual relationship.
16. Force majeure
DEBAUVE ET GALLAIS shall not be held liable for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, catastrophes, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event preventing the proper execution of the Order.
17. Applicable law and jurisdiction
The General Terms and Conditions of Sale are governed by French domestic law, to the exclusion of any international convention.
In the event of any dispute relating to these General Terms and Conditions or to the sale, the parties will endeavour to resolve their dispute amicably.
Failing amicable agreement, the competent court will be that of the defendant's place of residence or that of the actual delivery of the Product.
18. Recourse to the consumer mediator
The "consumer" customer within the meaning of the preliminary article of the French Consumer Code may, after submitting his complaint directly via the Site's contact form accessible by following the link https://debauve-et-gallais.fr/contact-us/ , have recourse to a conventional mediation procedure or any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of the date of their complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the French Consumer Code:
Centre de médiation de conciliateurs de justice - CM2C, 14 rue Saint Jean, 75 017 Paris.
Requests for mediation may be made by post or on the consumer ombudsman's website: https://www.cm2c.net/
The Customer may, in addition, in order to resolve the dispute, access the European online dispute resolution platform provided for in Regulation (EU) No. 524/2013 of May 21, 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Should this mediation fail, or should the Customer not wish to have recourse to it, the latter remains free to submit the dispute to the competent courts.
APPENDIX - WITHDRAWAL FORM
For the attention of
CHOCOLAT DEBAUVE et GALLAIS SAS
30, Rue des Saints-Pères
75007 PARIS
Ile de France
FRANCE
Madame, Monsieur,
In accordance with article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal.
Consequently, I would ask you to return the sum of [____] euros that I paid when I placed my order, as soon as possible and no later than 14 days following receipt of this letter, in accordance with the provisions of article L. 221-24 of the French Consumer Code.
Please find enclosed [indicate the item returned:__________________________________] which I am returning to you:
Received on [______________________]:
Name(s) of consumer(s):
Address(es) of consumer(s):
Signature(s) of consumer(s) (only in the case of notification of this form on paper)
Date
(*) Delete as appropriate.