General Terms and Conditions of Sale

ARTICLE 1: PREAMBLE AND DEFINITIONS

Online store: the Internet store of the company AUX DELICES DE LA TOUR: 1, rue des Lices – 49000 ANGERS – RCS ANGERS B 324 926 138
Site URL https://www.benoitchocolats.com

The customer: the “Benoit chocolats” online store is reserved exclusively for non-commercial legal adults who are purchasing for their personal needs and all legal persons whose registered office is located in France, acting through a natural person claiming to have the legal capacity to contract in the name and on behalf of the legal person contracting with the company AUX DELICES DE LA TOUR, specifically for needs other than those resulting from their professional activities.

General terms and conditions of sale: no terms or conditions of sale shall apply other than these General Terms and Conditions of Sale. Only these General Terms and Conditions of Sale shall apply to the contractual relationship. They replace and cancel all previous conditions except if otherwise indicated expressly in writing by the company AUX DELICES DE LA TOUR. Customers acknowledge that at the time of placing their orders, they are aware of these General Terms and Conditions of Sale as indicated on this screen and hereby declare that they accept these General Terms and Conditions of Sale without reservation.

Orders: the automatic recording systems are deemed to constitute proof of the nature, date and content of orders. No orders shall be deemed valid until the company AUX DELICES DE LA TOUR has received payment of the sum owed by the Customer for the products ordered. The period required to validate payment depends on the mode of payment. Validation of payment by bank card takes a period of four working days. No order is deemed definitive until it has been confirmed by “Benoit chocolates”. The company AUX DELICES DE LA TOUR reserves the right to limit the quantity of certain products delivered, and even to refuse orders that it deems to be abnormal for any reason. The company AUX DELICES DE LA TOUR reserves the right to refuse all orders from customers with whom there is any dispute.

ARTICLE 2: CUSTOMER OBLIGATIONS
The composition or presentation of the products and merchandise for sale in our online store may not be changed in any way. Customers hereby undertake not to resell the products. The products of the company AUX DELICES DE LA TOUR are quality products that must be stored in a cool place (between 14°C and 18°C), away from light and consumed rapidly within the time frame indicated on the packet. Chocolate is a perishable product and is therefore not covered by the 7-day right of withdrawal. Customers may not formulate any reservations based on criteria relating to taste, freshness or presentation. The company AUX DELICES DE LA TOUR shall not be held responsible for any deterioration of the products resulting from the fact that the customer was slow to collect the products from the carrier.

ARTICLE 3: PRODUCTS
All products presented on the site BENOIT CHOCOLATS are the subject of a brief description indicating their name, quantity and price. If in any doubt concerning the characteristics of certain products, customers can contact the company AUX DELICES DE LA TOUR at (+33) 2 41 88 94 52 (cost of a local non-premium call).
The photographs of products are purely illustrative and do not constitute a contractual commitment. They shall not therefore engage the responsibility of the company AUX DELICES DE LA TOUR even in the event of errors, nor affect any validated orders even if they are different from the product ordered.
The offers of chocolates and other products presented by the company AUX DELICES DE LA TOUR are valid only for the period of presentation online and while stocks last.

ARTICLE 4: SALE PRICE
Sale prices are indicated in euro (€) inclusive of tax. The prices indicated on the product sheets do not include delivery costs. Product prices are valid only for metropolitan France. The prices indicated in the order confirmation are definitive and include tax, carriage and VAT. This price covers the price of the products, handling, packaging and carriage expenses.
Product prices may change at any time in accordance with our pricing policy. All ordered products are invoiced at the applicable price at the time of order validation.
Invoices are deemed to comply with their object except if contested by registered letter in a period of 5 days following receipt by the customer (date as per postmark).

ARTICLE 5: PAYMENT
The price invoiced to the customer is the price indicated on the order confirmation sent by the company AUX DELICES DE LA TOUR.
Products are payable on the day of ordering, including orders placed on behalf of a company and in the context of a professional activity. Late payment penalties at a rate equal to three times the legal interest rate shall be invoiced for all payments made later than one day after the order, except if expressly authorized in writing by the company AUX DELICES DE LA TOUR. Payment is by bank card bearing the logo CB, VISA, MASTERCARD (redirected at the end of the order to a secure payment system) on the Crédit Agricole payment server and thanks to the e-transactions payment system the free online payment is completely safe. As soon as the card option is selected, the request is transferred to the Crédit Agricole server specializing in secure online payments. The data transmitted directly to the Crédit Agricole bank does not transit via any intermediary and is not stored at any time. The company AUX DELICES DE LA TOUR has no knowledge of the card number. All transmitted data is encrypted for the duration of the transaction using the 128-bit SSL protocol, integrated into all types of navigators.

ARTICLE 6: DELIVERY
All products ordered on the BENOIT CHOCOLATS online store are delivered in France and certain European countries (Corse, Switzerland, Germany, Belgium, Luxembourg) . No deliveries will be made on Saturdays, Sundays or holidays. All orders placed on a Friday, Saturday, Sunday or holiday will be dispatched as of the following Monday. There is a maximum delivery time of 5 working days following validation of the order. Delivery dates may not necessarily be respected in periods of intense activity. In this case, as in periods of great heat, and after informing the customer, the company AUX DELICES DE LA TOUR reserves the right to suspend deliveries temporarily.
No deliveries will be made to PO boxes.
In the absence of the recipient or any other person capable of taking possession of the products when delivered, the carrier will leave a notice at the delivery address indicated by the customer inviting the customer to collect the products. The company AUX DELICES DE LA TOUR shall not be held responsible for any deterioration of products caused by the fact that they were collected late from the carrier. The merchandise travels at the risk of the recipients, ownership being transferred to the recipient upon acceptance of the order. The recipients must check parcels in the presence of the carrier. All anomalies at time of delivery must be indicated on the delivery slip. No reimbursement procedure will be engaged if this clause is not respected. We shall not be held responsible for any deterioration of products if the package is opened in transit, or if the recipient is absent when the package is delivered.

No claims for compensation may be made in the event of late delivery. To be taken into account, all claims must be made within 48 hours of receiving the delivery, by registered delivery mail to: SARL AUX DELICES DE LA TOUR, 1 rue des LICES, 49100 Angers. All returned products must be the subject of a formal agreement between AUX DELICES DE LA TOUR and the customer. AUX DELICES DE LA TOUR shall not be held responsible if the product is not delivered for any of the following reasons: force majeure as defined by the courts of law, natural catastrophes, no returns, reimbursements or replacements will be accepted.

STORE COLLECT:
With Store Collect orders, customers undertake to come and collect their orders from the chosen store (Paris 4, Angers or Lille) within a period of 48 hours.
The company AUX DÉLICES DE LA TOUR cannot keep orders that customers have forgotten. No forgotten orders will be reimbursed.

COURIER DELIVERY:
Courier deliveries are possible only in Paris, in the 5 hours following confirmation of an order, Monday to Friday, from 10:00 am to 6:00 pm.

ARTICLE 7: SUPPLIES
Benoit Chocolats products are handmade and are available in limited quantities.
In the event of any shortage, the company AUX DÉLICES DE LA TOUR will contact the Customer by email or telephone as early as possible in order to agree to: postpone delivery until the product is again available, whenever possible, or to replace the product by another product of equivalent quality and price. Orders placed during festive periods run a greater risk of not being confirmed because of shortages than orders placed during normal periods of the year.

ARTICLE 8: RIGHT OF WITHDRAWAL
As provided for by articles L121-20 et seq. of the French Consumer Code, customers are entitled to a 7-day right of withdrawal period, following receipt of the products ordered, during which they can return the products at their own expense to DELICES DE LA TOUR at the following address: 1 rue des Lices, 49100 Angers. Customers who wish to avail of this right must inform the company AUX DELICES DE LA TOUR of their decision by email to this address contacts@chocolats-benoit.com  without indicating any reason, in order to receive a return number. When customers avail of this right of withdrawal, AUX DELICES DE LA TOUR is bound to reimburse the sums paid free of charge and interest within a maximum period of 30 days following receipt of the returned products, by bank transfer or by cheque. NB: the right of withdrawal does not apply to perishable goods. According to article L121-20 3° of the French Consumer Code, chocolate is one of the products that “by virtue of their nature, cannot be re-routed or are likely to deteriorate or become damaged rapidly”, and for which the right of withdrawal does not apply.

ARTICLE 9: PROTECTION OF PERSONAL DATA
In the context of its Online Store activity, the company AUX DÉLICES DE LA TOUR may collect personal data. This data will be processed in accordance with the purpose for which it was collected.
This site and the resulting processing of personal data is registered with the Commission Nationale Informatique et Libertés (the French Data Protection Authority), number 1761245 v 0
Persons whose personal data is processed have the right to access, rectify or oppose the processing of their personal data.
This right can be exercised, in accordance with the law of 06 January 1978, as modified by the law of 06 August 2004 by addressing email to this effect to contacts@chocolats-benoit.com or by postal mail to AUX DÉLICES DE LA TOUR 1, rue des Lices – 49000 ANGERS along with proof of identity and a legitimate reason if required by law.

ARTICLE 10: RESPONSIBILITY
The company AUX DÉLICES DE LA TOUR may not be held responsible in cases of late or difficult delivery caused by strikes, lack of transport vehicles, fires and in the case of force majeure or fortuitous events, war or civil strife.

The company AUX DELICES DE LA TOUR shall not be held responsible when failure to comply with or respect contractual obligations is imputable to the Customer, particularly when entering the order, or to any other case of force majeure.

ARTICLE 11: GENERAL PROVISIONS
The fact that either Party may fail to demand the application of any clause in these General Terms and Conditions of Sale, either permanently or temporarily, shall not be interpreted as a renunciation of said clause.
These General Terms and Conditions of Sale do not confer any exclusivity in terms of providing services, or guarantee any quantity or market share to the Customer.

If any one of the stipulations of these General Terms and Conditions of Sale should prove to be null and void with regard to an applicable legislative or regulatory provision and/or court decision having the authority of res judicata, it shall be deemed null and void but shall not affect the validity of the other clauses in any way, which shall remain in full force. In this case the PARTIES shall come together to agree on a new provision to replace the one declared null and void, bearing in mind that the new provision must, insofar as possible, respect the spirit and the economic impact on the PARTIES of the replaced provision.


ARTICLE 12: PROHIBITION

Customers may not resell the products, which are destined for their personal use or that of the recipient of the order.

ARTICLE 13: APPLICABLE LAW
The interpretation and execution of these General Terms and Conditions of Sale, and any acts resulting therefrom, shall be governed exclusively by French law.

ARTICLE 14 : ALLERGY INFORMATIONS
Principal allergy are reported in each product cards with pictograms: milk, eggs, nuts traces, alcool, gluten traces, soy lecithine.

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