General terms and conditions of sales

 

Preamble

The client acknowledges that he has read through the following General Terms and Conditions of Sale (the ‘GTCS’). Validating the order form by clicking on ‘Next’ at stage 4 of the ordering process implies full and unrestricted acceptance of these GTCS. That stage precedes payment.

 

Article 1  Application of the GTGS

The present GTCS apply exclusively between the company Cabosse & Associés (hereinafter ‘Cabosse & Associés’) and any person visiting, or carrying out a purchase on, the website www.lechocolat-alainducasse.com (hereinafter ‘the Client’).
No special terms and conditions that have not been formally accepted in writing by Cabosse & Associés may prevail over the GTCS.
No precondition stipulating the contrary that is imposed by the Client shall be binding upon Cabosse & Associés, unless it is explicitly accepted, regardless of the point at which it is brought to the attention of Cabosse & Associés.

Failure by Cabosse & Associés to insist at any given point upon the application of any of the GTCS may not be interpreted as amounting to a waiver of its right to insist at a later point upon the application of any of said terms or conditions.

These provisions shall be applicable to the exclusion of all other provisions, and in particular of those applicable on other websites or via other media through which the same products are marketed.

 

Article 2  Ordering and order confirmation procedure

2.1 Ordering

Orders are placed via the website www.lechocolat-alainducasse.com (hereinafter ‘the Website’). The Client undertakes to complete the order form accurately and to fill in the various sections contained therein (invoicing address, delivery address, method of payment, etc.). After payment he or she shall receive an email confirming the details of, and procedures applicable to, the order concerned.

The order shall only become valid if all the information requested of the Client is provided. Cabosse & Associés shall not fulfil orders :
-  if the information provided by the Client is incomplete or non-compliant ;
-  if the Client fails to meet all his or her obligations ;
-  for any other legal reason.

Should Cabosse & Associés encounter a problem in the fulfilment of an order, it undertakes to notify the Client within two (2) business days of accepting the order.

2.2 Validating the order

Before payment is made for the order, the Client declares that he or she has read through - and accepts - the present GTCS. Validating the order therefore implies full and unrestricted acceptance of these GTCS.

2.3 Availability of products

The products sold on the site are offered within the limit of stocks available and subject to the exceptions indicated.
In the event of the product being unavailable after validation of the order, Cabosse & Associés shall notify the Client as promptly as possible by telephone or by email in order to agree with him or her :

- to refund the sum paid for the order, or
- to postpone the delivery until the product has been restocked, where this is possible.
The Client absolves Cabosse & Associés from any liability in the event of total or partial unavailability of the products ordered.

 

Article 3  Price

3.1 Products prices

The prices of the products being sold on the Website are expressed in euros and are inclusive of all taxes (including V.A.T. and all other duties) ex-Works of Cabosse & Associés’s Manufacture in Paris.

The prices do not include the contributions to be made to handling and transportation costs. Delivery charges shall depend on the method of delivery chosen (shipment by post or courier delivery), the place of destination, and the weight and volume of the parcel. Delivery charges include a contribution to meeting the cost of preparing the package and the transportation costs. Any queries may be addressed to the Cabosse & Associés customer services department.

3.2 Tax

All prices are expressed inclusive of all French taxes (French V.A.T. and other taxes as applicable), unless indicated otherwise, at the levels of tax in effect when the Client validates his or her order.

3.3 Revision

Cabosse & Associés reserves the right to revise its prices at any time. However products shall be invoiced at the rates in effect when the Client validates his or her order.

 

Article 4  Paying for the order

The order may be paid for online by means of bank cards : ‘carte bleue’ (debit card), Visa, MasterCard, American Express or other ‘carte bleue’ variants (such as Ecard bleue).
The amount payable shall be debited immediately from the card, and this operation shall take place when the order is paid for online.
The currency used for the transaction shall be the Euro. The amount debited from the bank card used shall reflect the value of the Euro on the day the debit takes place and any exchange charges imposed by the bank that issued the card.

In order to guarantee payment security, online orders may be subject to regular controls. Within this procedure, our department may proceed to suspend the treatment of an order & contact the buyer or the addressee to obtain the following proof documents necessary to its validation: proof of address, identity or debit.
In the case of a Store pickup, the client will be obligated to present the proof documents necessary for the withdrawl of his order: identity card and credit card used for the online payment.
These proof documents should correspond to the delivery & billing contact details given when making the order, or at least the contact information of the credit card holder used for the payment should match with the name of the customer.

For an order to be placed, the amount payable for it must be settled in full. Orders for which the appropriate payments have not been received shall not be delivered. The invoice issued for the order placed is available in the section My Account (“Mon Compte”).

 

Article 5  Security

The Website is covered by a security system, with payments processed by PAYBOX. This solution combines approvals and certifications obtained directly from GIE Cartes Bancaires, VISA, MASTERCARD, and from the private issuers and purchasers, for both the distance sales service and the proximity payment service. PAYBOX SERVICES is certified PCI-DSS compliant by VISA and MASTERCARD. The certification, renewed each year, guarantees a high level of security and of platform integrity.

 

Article 6  Product delivery

6.1 Delivery areas

> Products are delivered to France, Corsica and Monaco by Chronopost or any other carrier. Products ordered via the online store will not be delivered to the overseas territories and departments of France.The courier delivery service covers the following cities: Paris, Neuilly sur Seine, Levallois Perret, Boulogne-Billancourt, Courbevoie, Montrouge, Paris La Défense, Clichy sur Seine, Puteaux, Issy les Moulineaux, Vanves.

> Products are delivered to Belgium, Spain, Portugal, Italy, Germany, Luxembourg, the Netherlands, Denmark, Ireland, United Kingdom, Sweden, Austria, Slovakia by Fedex or any other carrier.

6.2 Product preparation

Products are prepared and packaged by Cabosse & Associés in sealed protective packaging that is appropriate for its contents and for the rigours of transportation. The logistical centre where orders are prepared is located at the main Works at the following address:

Cabosse & Associés
40 rue de la Roquette - 75011 Paris

6.3 Transportation of the order

Cabosse & Associés undertakes to process and transport the order to the agreed destination using the route, the procedure and the carrier of its choice.
The products are delivered to the address stipulated by the Client during the order process.
The Client is responsible for the information regarding the addressee’s name and address: these must be precise, accurate and complete (door entry code, floor number, telephone number, etc.), in order to enable delivery - whether by post or by courier - to take place under normal conditions.

If delivery is to be carried out by a courier, the Client must provide his or her mobile phone number.

Cabosse & Associés may not be held liable:
- for returns of goods resulting from inaccurate addresses or the impossibility of delivering to the address indicated ;
- for the impossibility of delivering the order as a result of wrongly-drafted addressee contact details ;
-  for the impossibility of delivering the order as a result of the addressee’s absence when the courier, the Chronopost operative or any other carrier comes to the address.

The cost of re-sending the package by post shall be met by the Client in all cases, whether it is to the delivery address first provided, to another delivery address or to another addressee.
Delivery addresses in the form of PO boxes will not be accepted or processed.

6.4. Delivery dates

Delivery dates depend upon the place of destination and the method of delivery chosen (shipment by post or courier delivery).
The delivery is guaranteed, except in the event of force majeure, except in the event of carrier’s strikes, to the condition that the address is precise, correct and complete, to the condition that the receiver of the order is present for the delivery.
Days of delivery vary according to the carriers chosen and the seasons.

>The carrier selected by Cabosse & Associés to carry out shipment by post in Metropolitan France, Monaco and Corsica is mainly Chronopost. Nonetheless according to the period, other carriers might be chosen.
>The carrier selected by Cabosse & Associés to carry out shipment by post in Europe is mainly Fedex. Nonetheless according to the period, other carriers might be chosen.

During high activity times (Christmas, Easter), the preparation of your order and the delivery times may take longer.
In the event of an out-of-stock product, we can’t guarantee the delivery times.
In the event of poor meteorological conditions (heavy snowfall, floods,…), shipments and deliveries might be disturbed.

Please note that no order will be shipped or received on Saturdays, Sundays, public holidays and days before public holidays.


The deadlines specified may be postponed on an arbitrary basis by Cabosse & Associés in the event of hot conditions in the case of orders consisting in part or entirely of chocolate. Under these circumstances, the Client will be notified by email on the day his or her order is presented to the carrier.

Cabosse & Associés reserves the right to suspend dispatches in response to weather conditions. Notification of this will be given on the Website.

In the event of delays to deliveries, Cabosse & Associés shall contact the Client by telephone or email in order to offer another delivery date or a refund. Whatever the circumstances, the relevant statutory provisions stipulate that in the event of a delivery being delayed by more than 7 days, the Client shall have the option of cancelling his or her order within 60 business days. In this case, if the Client receives the product after cancelling the order, Cabosse & Associés shall refund the price of the product and the outward transport, as soon Cabosse & Associés collects the product, complete and in its original condition.

Cabosse & Associés also stipulates that the Client is welcome to contact the customer services department - using the contact details provided below - for any further information or in the event of problems. Customer service:contact@lechocolat-alainducasse.com

6.5 Non-receipt of the package when the carrier first calls

If the addressee is absent, and no-one present is in a position to receive the products when delivery takes place, the carrier will leave the package in the addressee’s letter box if the box is big enough.
Otherwise, the carrier will leave an Attempted Delivery Note setting out the procedures for claiming the package. These procedures may vary depending on circumstances. There are two options :
- The carrier provides for a second delivery attempt, to be arranged by the addressee who must contact the Chronopost/Fedex delivery operative for this purpose ;
- the package is deposited at the nearest Chronopost/Fedex office or pick-up point for collection by the addressee.

Under no circumstances may Cabosse & Associés be held liable for a delivery delay nor a deterioration in the products arising from a delay in collecting them from the carrier. The term ‘delay’ is understood to cover a collection that takes place two (2) or more days after the initial delivery attempt by the carrier.

6.6  Non-receipt of the package when courier calls

If the addressee is absent, the courier will attempt to contact the Client by phone. If this proves impossible, the courier will return the order to the logistics centre where orders are prepared.
A fixed surcharge of € 30 will be payable by the Client for travel costs incurred, covering the return journey and transportation of the package, whether it is to the delivery address first provided, to another delivery address or to another addressee by courier.

6.7 Circumstances outside the control of Cabosse & Associés

Cabosse & Associés may not be held liable for loss, damage, errors or failure to deliver packages if the existence of circumstances outside its control are established.

6.8 Store pickup

In the case of a store pickup, the Client commits to pick up his/her order at the chosen day and timing at La Manufacture located 40 rue de la Roquette, 75011 Paris, at the Comptoir Saint Honoré located 9 rue du Marché-Saint-Honoré, 75001 Paris or at the Comptoir located 26 rue Saint Benoît, 75006 Paris.
As the products sold via the Website are perishable agrifood products, Cabosse & Associés will not keep an order that the Client has not picked up.
In all cases any orders that have not been picked up within 3 days after the requested date will neither be reimbursed nor replaced.

 

Article 7  Right of retraction

The 14-day retraction period does not extend to contracts for the provision of perishable agrifood products such as those sold via the Website. The Client is not therefore entitled to claim this right.
However, wherever possible, alterations or cancellations requested by the Client may be allowed, provided the package is being prepared and has not yet been handed over to the carrier. This concession will be granted on a case by case basis. If cancellation takes place, the Client will be refunded the amount paid for his or her order.
If however the package has been sent by post or by courier, no alterations or cancellations will be allowed, and the amount paid will be retained.

 

Article 8  Transfer of ownership and risks

The products shall remain the property of Cabosse & Associés until the full payment of the price. The transfer of ownership of the products to the Client shall only take effect after full payment of the price by him or her.
Cabosse & Associés will insure the merchandise until it reaches the place of delivery. Risks arising from transportation shall be borne by the purchaser. The addressee shall be responsible for checking the package in the presence of the delivery operative. In the event of damage upon delivery, or of an incomplete delivery, the addressee shall express his or her reservations on the delivery note and then confirm them, within three (3) days of the delivery, by registered letter with receipt slip sent to Cabosse & Associés, 40 rue de la Roquette, 75011 Paris. In the event of non-compliance with the provisions of this clause, no procedure for obtaining a refund from the carrier selected may be initiated.

 

Article 9  Product compliance

The Client must ensure that the delivery complies with his or her order. Any deficiencies (evidently faulty, spoilt or damaged products, or products that do not correspond to the order) must be set out in precise reservations that are noted, dated and signed on the delivery note. These reservations must be confirmed, within three (3) days of the delivery, by registered letter with receipt slip sent to Cabosse & Associés, 40 rue de la Roquette, 75011 Paris.
Signature by the Client of the delivery receipt shall denote his or her acceptance.

 

Article 10  Claims and refunds

10.1 Claims

For any claims to be dealt with, they must be made within two (2) days of receipt, given the perishable nature of the products.

Claims should be sent :
- by post to the following address : Cabosse & Associés, 40 rue de la Roquette, 75011 Paris ; or
- by email using the form in the ‘Contact’ section.
All claims must include full explanations and evidence of the loss suffered (waybill, photos of the package received, etc.).

10.2 Refunds

Having examined and then accepted the claim, Cabosse & Associés shall be required to pay the Client a refund. All refunds shall be paid as promptly as possible, and within 30 days at most of the date the claim was exercised.
Refunds shall be carried out upon proposition by Cabosse & Associés by credit to the bank account of the Client who placed the order.
All the benefits obtained by purchase of the product shall be cancelled if a refund is paid for said product.

 

Article 11  Customer services department

To monitor the progress of an order, to make a claim, or for any inquiries relating to your order, please use the following email address:  contact@lechocolat-alainducasse.com

 

Article 12  Evidence

In the absence of evidence to the contrary, the data registered by Cabosse & Associés shall constitute evidence of the full set of transactions between Cabosse & Associés and its clients.

 

Article 13  Guarantees

The best-before date for Cabosse & Associés’s products is indicated on each set of packaging, and varies depending on the product variety selected.
Cabosse & Associés guarantees the quality and freshness of its products provided they are stored in a dry, cool (15-18° C) place, sheltered from direct light, damp and sources of odours.

 

Article 14  Prohibition of resale

The Client must not under any circumstances re-sell the products, which are for his or her personal use or for that of the party receiving his or her order.

 

Article 15  Legal information regarding the Website

The products offered for sale on this website are marketed by the company Cabosse & Associés, a simplified joint stock company (“société par actions simplifiée”) with a share capital of € 66,660 and with its registered office located at Immeuble Bords de Seine 1 - 3 Esplanade du Foncet 92130 Issy les Moulineaux, entered in the Nanterre corporate register (“Registre du Commerce et des Sociétés”) under the reference number 538 825 761, and with the intra-community VAT reference number FR 37 538 825 761.

Hosting : Azylog, 5 Route de Champagnole, 39300 Les Nans
Styling and design : Blondie, 57 rue de Turbigo, 75003 Paris
Integration and development : Moondog, 19 rue Jules Charpentier, 37000 Tours.

 

Article 16  Intellectual Property

All the texts, notes, publications, illustrations, work and images reproduced or represented on the Website are exclusively reserved under copyright and intellectual property provisions, for the entire world. On this basis, and in line with the provisions of the French intellectual property code, only use for private purposes is authorized and said use is subject to different and more restrictive provisions of the intellectual property code. The complete or partial reproduction or representation of the Website, or of all or some of the elements contained in the Website, is strictly prohibited.  The creation of hyperlinks to the Website is also strictly prohibited.
The fraudulent use of trademarks, designs, logos and names featured on the Website in violation of the rights of Cabosse & Associés, or of the companies and brand names of the Alain Ducasse Entreprise corporations, constitutes an act of counterfeit for which its perpetrator shall be liable to incur liability under the provisions of articles L713-2 et seq of the French intellectual property code and of the relevant European and international legislation.

 

Article 17  Liability

17.1 The products offered for sale comply with current French legislation. Cabosse & Associés may not be held liable for any non-compliance with the legislation of the country to which the product is delivered (arising for example from prohibition of a title, etc.). The Client is responsible for checking with local authorities that the products he or she intends to order may be imported and used.

17.2 Photographs are provided for illustrative purposes only. Cabosse & Associés invites the Client to consult the description provided for each product in order to familiarize him- or herself with its precise characteristics.

17.3  In the event of a failure - for whatever reason - to fulfil its obligations, Cabosse & Associés shall only be require to refund payment for the service subject to the reservations set out above, and shall not under any circumstances be liable for any indirect losses alleged by the Client. These indirect losses may cover loss of revenue, of profits, of interest or of transactions, as well as any loss arising from the impossibility of using all or part of the product dispatched.

17.4 Cabosse & Associés does not have as its purpose the sale of products to professionals. Cabosse & Associés may not therefore incur liability for any losses of any kind arising from professional activities.

17.5  www.lechocolat-alainducasse.com, official website of our brand, is the only website authorized to distribute the products Le Chocolat Alain Ducasse©. Any purchase on another website would correspond to buying counterfeited products.
The customer (or the Beneficiary) may not under any circumstances resell the products of le Chocolat Alain Ducasse that are reserved for personal use only. It is advised to keep hold of a proof of purchase.
Cabosse & Associés reserves the right to leave unattended a Beneficiary’s complaint who has acquired the products le Chocolat Alain Ducasse outside the official distribution network and more specifically from a private individual.

17.6 Cabosse & Associés disclaims any liability for access to its site or interruptions in whatever causes connection problems. In addition, it cannot be held responsible for any damage or virus that may infect your computer or other equipment, due to use or access the Site or download from this site.

17.7 The hypertext links set up within the framework of this website leading to other resources on the Internet are provided solely for the convenience. The content or links that they contain, or any changes or updates made to them are not the responsibility of the site www.lechocolat-alainducasse.com

 

Article 18  Personal information and right of access to file

18.1 "Data protection act"

Information and data pertaining to the Client are required for the purposes of administering his or her order and for general business dealings. They may be supplied to the companies involved in these dealings, such as those tasked with the provision of services and fulfilment of orders for their administration, implementation, processing and payment. This information and these data are also retained for security purposes, in order to fulfil legal and regulatory obligations, and in order to enable Cabosse & Associés to improve and customize the services it offers and the information it sends.

Under the terms of the law on information technology and civil liberties passed on the 6th January 1978 (“loi informatique et libertés”), the Client is entitled to access, to rectify and to object to personal information pertaining to him or her. To do so, he or she may send a message via the ‘Contact’ section specifying his or her surname, forename, email address and if possible customer references. Under the terms of current legislation, this application must be signed and accompanied by a photocopy of the identity document bearing his or her signature, and must indicate the address to which the reply is to be sent. A reply will then be sent within two (2) months of receipt of the application.

The Website is registered with the CNIL (“Commission nationale de l’informatique et des libertés”) under the statement number : 1686982.

Depending upon the choices made by the Client when setting up or consulting his or her account, Cabosse & Associés may send him or her offers (Newsletters) as indicated when he or she sets up his or her account. If the Client no longer wishes to receive these offers, he or she may unsubscribe by clicking on the link provided in the Newsletter for that purpose.

18.2 Cookies

The Website is also designed to be particularly attentive to the needs of clients. This is one reason why use is made of cookies.These are files containing an identifier sent from a web server to the web browser and stored on the user's computer. They can be used to facilitate access and follow the path of the user when browsing the site. When visiting the site, the user may also receive cookies from third parties, including Google Analytics. This solution allows us to analyse site usage and generate statistics consultation. Google confidentiality rules are available at: https://www.google.fr/intl/fr/policies/

You can accept or decline cookies. Setting management of cookies depends on your browser. Information about cookie management for major browsers are available at the addresses below:

- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows7/Block-enable-or-allow-cookies
- For Chrome: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
- For Safari: http://support.apple.com/kb/HT1677?viewlocale=fr_FR
- For Firefox: http://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

 

Article 19  Force majeure

Neither Cabosse & Associés nor the Client may be held liable for any failures to fulfil, non-fulfilment of, or delays in fulfilment of any of their obligations described in the present GTCS that may arise from cases of force majeure as defined by the French courts.

 

Article 20  Independence of clauses

In the event of one of the clauses of the present GTCS being declared inapplicable or being invalidated for any reason, this invalidity shall not compromise the application or validity of the other clauses of these general terms and conditions, the clauses invalidated or judged inapplicable being in such an event replaced with the closest possible provision.

 

Article 21  Applicable law

The present general terms and conditions are governed exclusively by French law. The language of the present contract is French. If the contract is translated into another language, only the French version is legally binding.
If the parties cannot reach an amicable agreement, the Nanterre commercial court (“Tribunal de Commerce”) shall hold sole jurisdiction to settle any litigation or dispute between them.
Cabosse & Associés may not be held liable in the event of non-compliance with the regulations of foreign countries to which the products sold on this website are delivered.

Cabosse & Associés thank you for using the site www.lechocolat-alainducasse.com.

 

Article 22  Update

Cabosse & Associés reserves the right to alter, modify, update, add to, subtract from or otherwise change these terms & conditions at any time for any reason or no reason at all, so we invite you to check our terms regularly.