General terms and conditions of sale


Preamble

You are currently connected to the websitewww.lechocolat-alainducasse.com published by the company Cabosse & Associés, a simplified joint-stock company with share capital of 66.660 € euros, whose registered office is Immeuble Bords de Seine 1 - 3 Esplanade du Foncet 92130 Issy les Moulineaux, registered in the Trade and Companies Register of NANTERRE under number 538 825 761 and with intra-community VAT number FR 37 538 825 761.

To contact us: Telephone: 01 48 05 05 72 (toll-free number). E-mail: eboutique@lechocolat-alainducasse.com

You acknowledge having read the terms and conditions of sale (« "T&C" ») below. Validation of the purchase order by clicking "Next" in step 4 of the ordering process implies full acceptance of these T&C. This step precedes payment.

Article 1 Application of the T&C

These T&C apply exclusively between the company Cabosse & Associés (hereinafter "Cabosse & Associés") and any person visiting or making a purchase on the site www.lechocolat-alainducasse.com (hereinafter the "Customer").

No special conditions may, unless formally accepted in writing by Cabosse & Associés, prevail over the T&C.

Any contrary condition opposed by the Customer will be, in the absence of express acceptance, unenforceable against Cabosse & Associés, regardless of when it was brought to its attention.

The fact that Cabosse & Associés does not prevail, at a given moment, upon any of the T&C cannot be interpreted as a waiver of any of said conditions at a later date.

These conditions apply to the exclusion of all other conditions, including those in effect on other websites or other media marketing the same products.

Article 2 Procedure for placing and confirming the order

2.1 Placing the order

Orders are placed via the website www.lechocolat-alainducasse.com (hereinafter the "Site"). The Customer agrees to complete the order form accurately and to fill in the various headings (billing address, delivery address, payment method, etc.). He will receive, after payment, an email confirming the details and terms of his order.

The order becomes valid only if all the information requested of the Customer is completed. Cabosse & Associés cannot honour an order:

- if the information provided by the Customer is incomplete or incorrect,

- in the event of the Customer's breach of one of his obligations or

- for any other legal reason.

If Cabosse & Associés encounters a problem in honouring the order, it undertakes to inform the Customer within two (2) business days of the order being registered.

2.2 Validation of the order

Before payment of the order, the Customer declares that he has read and accepted these Terms and Conditions. The validation of the order therefore implies unreserved acceptance of these T&C.

2.3 Product Availability

Products sold on the site are offered within the limits of available stocks and exceptions reported.

In the event of unavailability of a product after validation of the order, Cabosse & Associés will inform the Customer as soon as possible by phone or email, to agree with him:

- to reimburse him for the amount of his order or,

- to postpone the delivery while waiting for this product to come back in stock, when this is possible.

The Customer releases Cabosse and Associates from any liability in the event of total or partial non-availability of the products ordered.

Article 3 Price

3.1 Product prices

The prices of products sold on the Site are indicated in euros inclusive of tax (VAT + all other taxes) ex works from Cabosse & Associés located in Paris.

They exclude processing and shipping costs. Delivery rates depend on the chosen delivery method (mail or courier delivery), as well as the destination, weight and volume of the package. They include a contribution to the cost of package preparation and transportation costs. Cabosse & Associés customer service is at your disposal for any questions.

3.2 Taxes

All prices are inclusive of French taxes (French VAT and other applicable taxes), unless otherwise stated, as in force on the date of acceptance of the order by the Customer.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These fees and sums are not the responsibility of Cabosse & Associés. They will be the responsibility of the Customer and are his responsibility (returns, payment to the competent authorities, etc.). Cabosse & Associes invites the Customer to consult the corresponding local authorities for information on these matters. The telecommunication costs necessary to access the Cabosse & Associes websites are the responsibility of the Customer. If applicable, the delivery costs are as well.

3.3 Revision

Cabosse & Associés reserves the right to revise its prices at any time. However, the products will be billed based on rates in effect when the Customer validates his order.

3.4 Tax Exemption

In the event of a USA shipping, product and delivery prices are exempted from taxes according to the article 262-1 of the Code Général des Impots. The order is also sent via Incoterm DDP - Le Chocolat Alain Ducasse pays for the customs costs.

Article 4 Payment of the order

Payment of the order is made online by credit card: credit card, Visa, MasterCard, American Express, other blue cards (Ecard blue); or by PayPal.

The card is debited immediately. It is done at the time of online payment of your order.
The currency used for the transaction is the Euro. The amount, debited from the account of the bank card used, will depend on the price of the Euro on the day of the debit and any exchange fees charged by the bank issuing the card.

To guarantee payment security, orders may be regularly checked . Within the framework of this procedure, we may have to suspend the processing of an order and contact the Customer or the recipient to obtain the necessary supporting documents to release the order: proof of address, identity or debit.
In the case of in-store collection, the customer must submit the necessary evidence for the collection of his order: ID and credit card used when paying online. This supporting documentation must correspond to the delivery or billing details entered during the order and, where applicable, to the details of the holder of the payment card used.

Cabosse & Associés reserves the right to suspend the execution of any order that suffers a payment incident, the Customer being liable for the costs incurred for the recovery of the sums due by him, including reasonable legal fees.

To be registered, the order must be paid in its entirety. Unpaid orders cannot be delivered. The invoice corresponding to the order placed is available in the "My Account" section.

Article 5 Security

The Site is subject to a security system. Payment transactions are processed by PAYBOX. This solution combines the approvals and certifications obtained from GIE Cartes Bancaires, VISA, MASTERCARD direct as well as private issuers and purchasers for both its Distance Selling and Local Payment services. PAYBOX SERVICES is PCI-DSS certified by VISA and MASTERCARD. This certification, renewed every year, guarantees a high level of security and integrity of the platform.

Article 6 Delivery of products

6.1 Delivery areas

Shipments are made in mainland France, Monaco and Corsica by Chronopost or any other carrier. The online store does not deliver to overseas territories.
Deliveries are made by courier to the following cities: Paris, Neuilly sur Seine, Levallois Perret, Boulogne-Billancourt, Courbevoie, Montrouge, Paris La Défense, Clichy sur Seine, Puteaux, Issy les Moulineaux, Vanves.
Deliveries are made in Europe (Belgium, Spain, Portugal, Italy, Germany, Luxembourg, Netherlands, Denmark, United Kingdom, Ireland, Sweden, Austria, Slovakia) by Chrono Express or any other carrier.
Deliveries are made in the United States of America (States delivered: Alabama, North Carolina, South Carolina, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, Ohio, Pennsylvanie, Rhode Island, Tennessee, Vermont, Virginia, West Virginia, Washington DC, Wisconsin) by Chrono Express or any other carrier.

6.2 Preparation of products

Packages are prepared and packaged by Cabosse & Associés in sealed and resistant packaging, appropriate to the contents and transport requirements. The logistics centre for the preparation of orders is located at the Manufacturing division at the following address:

Cabosse & Associés : 40 rue de la Roquette - 75011 Paris.

6.3 Routing of the order

Cabosse & Associés agrees to process and route the order to the agreed destination, depending on the route, the procedure and the carrier it chooses.
The products are delivered to the delivery address that the Customer has indicated during the ordering process.
The Customer is responsible for the details of the name and address of the recipient, which must be precise, accurate and complete (door code, floor, telephone, etc.) to allow delivery, shipping by mail or by courier, under normal conditions.

For delivery by courier, the Customer is required to provide his mobile phone number.
Cabosse & Associés can not be held responsible for:
- a return of a delivery due to a wrong address or if it is impossible to deliver to the indicated address,
- the impossibility of delivering the order in the event of an error in the addressee's details, or
- the impossibility of delivering the order in the event of absence of the recipient when the courier, Chronopost or any other carrier delivers the package.

The redirection by mail of the parcel from the delivery address initially indicated, to a new delivery address or to another recipient will be charged to the Customer.

Orders indicating a postal box address can not be taken into account and processed.

6.4 Delivery times

The products are delivered to the delivery address that was indicated at the time of the order and according to the indicated delivery times. This time does not take into account the time of preparation of the order.

Delivery times depend on the place of destination and the delivery method chosen (mail or courier delivery).
Delivery is guaranteed except in cases of force majeure, excluding strikes by the carriers, provided that the delivery address is precise, exact and complete, and provided that the person receiving the order is present at the time of delivery.

Delivery days depend on the chosen carrier and the season.

> The carrier chosen by Cabosse & Associés to make mail deliveries in mainland France, Monaco and Corsica is mainly Chronopost. Nevertheless depending on the period, other carriers may be requested.
> he carrier chosen by Cabosse & Associés to handle shipping shipments in Europe is mainly Fedex. Nevertheless depending on the period, other carriers may be requested.

During peak periods (Easter, Christmas), order preparation times and delivery times may be lengthened.

In the event of temporary unavailability of an item, we can not guarantee the delivery time.
In the event of difficult weather conditions (heavy snowfall, floods, etc.), shipments and deliveries may be disrupted.

Please note that orders are not shipped or delivered on Saturdays, Sundays, holidays, the day before and days after public holidays.

These order preparation times may be extended by Cabosse & Associés in the event of high heat levels for orders wholly or partially including chocolate to ensure the delivery of the product under appropriate conditions. The Customer will then be notified by email the day of the delivery of his order to the carrier.

Cabosse & Associés reserves the right to suspend shipments depending on weather conditions. This information will appear on the Site.

In the event of a delay to a delivery by courier, Cabosse & Associés will contact the Customer by phone or email to propose a new date of delivery or a refund. In any event, in accordance with the law, in the event case of late delivery of more than 7 days, the Customer may cancel his order within 60 working days. In this case, if he has received the product, after its cancellation, Cabosse & Associés will proceed with the refund of the product and delivery costs, upon receipt of the product by it, complete and in its original condition.

Cabosse & Associés also invites the Customer to contact the Customer Service department, whose contact details are given below, for any question or problem. Customer service: eboutique@lechocolat-alainducasse.com

6.5 In the event of non-receipt of the parcel at the first visit of the carrier

In the event of absence of the recipient or of a person who can take possession of the products upon delivery, the carrier will deposit the parcel in the mailbox of the recipient if its size allows it.

Otherwise, the carrier will post a note indicating the procedure for picking up the package. These may vary from case to case. There are two options:

× The carrier pays a second visit- in this case, the recipient of the package must contact the delivery person (Chronopost / Fedex) to agree on the second visit;
× The parcel has been deposited in the nearest carrier's (Chronopost / Fedex) office, or at a relay point - the recipient must then pick up the parcel.

Under no circumstances may Cabosse & Associés be held responsible for a delay in delivery or any deterioration of the products due to their late collection from the carrier. Cabosse & Associés means, by late collection, any collection made two (2) days after the first delivery attempt of the carrier.

6.6 In the event of non-receipt of the parcel at the first visit of the courier

In case of absence of the recipient, the courier will try to contact the Customer by phone. If he is not reachable, the courier will return the order to the logistics centre which prepared the order.
A fixed supplement of €30 will be requested for the shipping costs incurred and will cover return shipping and the rerouting by courier of the order from the delivery address initially indicated, to a new delivery address or to another recipient.

6.7 Circumstances beyond the control of Cabosse & Associés

Cabosse & Associés can not be held responsible for losses, damages, errors or failure of delivery of a shipment once the existence of circumstances beyond its control is established.
Cabosse & Associés reminds you that at the moment the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any provisos regarding the delivered product.

6.8 In-store collection

In the case of an order requiring in-store collection, the Customer agrees to collect his order at the collection point he has chosen in the selected day and time slot:

> La Manufacture - 40, rue de la Roquette, 75011 Paris
> Le Comptoir Canopée - La Canopée, Westfield Forum Des Halles, Porte Rambuteau, 75001 Paris
> Le Comptoir St-Honorée - 9, rue du Marché-Saint-Honoré, 75001 Paris 
> Le Comptoir Saint-Benoit situé - 26, rue Saint Benoit, 75006 Paris
> Le Comptoir Victor Hugo - 105, avenue Victor Hugo, 75016 Paris

As the products are perishable, Cabosse & Associés will not be able to keep an order that the Customer has not collected. Any order not collected within 3 days of the requested date will not be refunded or replaced.

Article 7 Cooling off period

The 14-day cooling-off period does not apply to contracts for the supply of perishable agri-food products, such as products sold by the Site (article L221-28 of the French Consumer Code). Also, the Customer may not invoke it.

However, and as far as possible, a modification or cancellation by him may be taken into account to the extent that the package is in preparation and has not yet been delivered to the carrier. This possibility is assessed on a case by case basis. In the event of cancellation, the Customer will be reimbursed for his order.

However, from the moment the package is sent by mail or courier, no modification or cancellation can be taken into account and the price paid will not be returned.

Article 8 Transfer of ownership and transfer of risk

Transfer of ownership and transfer of risk The transfer of ownership of the products to the benefit of the Customer takes effect only after full payment of the price by the latter.

Cabosse & Associés insures the goods up to the place of delivery. The risk of transport is borne by the buyer. It is the recipient's responsibility to check the parcel in the presence of the carrier. In case of damage or missing items, he shall write any provisos on the delivery slip.

Article 9 Conformity of products

The Customer must ensure the conformity of the delivery with his order. Any damage (visibly defective, damaged or damaged products or products not corresponding to the order).

Article 10 Claim and Refund

10.1 Claim

Any claim must, to be taken into account, be made within two (2) days of receipt, given the perishable nature of the products.

Claims are to be sent:

- by post, to the following address: Cabosse & Associates, 40, rue de la Roquette 75011 Paris
- by e-mail via the form located in the "Contact" section.

Any claim must be reasoned and accompanied by proof of the damage suffered (bill of lading, photos of the parcel received ...).

10.2 Refund

After analysis and acceptance of the claim by Cabosse & Associés, it agrees to reimburse the Customer. Any refund will be made as soon as possible and no later than 30 days following the date on which the right was exercised.

The refund will be made at the proposal of Cabosse & Associés by crediting the bank account of the Customer who placed the order.

The benefits obtained upon the purchase of the product will be cancelled in case of refund of the product.

10.3 Mediation

According to Article L. 612-1 of the Consumer Code "Every consumer has the right to make free use of a consumer mediator for the amicable resolution of the dispute with a professional."

Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely contractual disputes, involving the execution of a contract of sale or supplies of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.

For any difficulty, the Customer may first contact Cabosse & Associés or contact the Cabosse & Associes after-sales service:

Cabosse & Associes
E-store customer service:
Tél : +33.1.48.05.05.72
Monday to Friday from 9:30 to 18:00
eboutique@lechocolat-alainducasse.com

In the year following the Customer's request to Cabosse & Associes, pursuant to Article R. 616-1 of the Consumer Code, the Client may have his request examined by a mediator whose details are given below, in the knowledge that a dispute can not be examined, except in exceptional cases, by a single mediator:

Maître Florence MILLELIRE, lawyer at the Paris Bar and mediator.
8, rue Joseph Bara 75006 Paris
www.avocatmillelire.com

Cross-border disputes:

European Consumer Centre France:
europe-consommateurs.eu
The Customer may, at his expense, be assisted by a counsel.

Article 11 Customer Service

For any order follow-up, for a complaint or for any question relating to your order, we have supplied you with the following e-mail: eboutique@lechocolat-alainducasse.comor our contact form.

Article 12 Proof

Unless proven otherwise, the data recorded by Cabosse & Associés is proof of all transactions made by Cabosse & Associés and its customers.

Article 13 Guarantees

The deadline for the consumption of Cabosse & Associés products is indicated on each packaging. It differs depending on the variety of products selected.

Cabosse & Associés guarantees the quality and freshness of its products, provided that they are kept in a dry and cool place (between 15 ° C and 18 ° C) away from light, moisture and odours.

13.1 Statutory guarantees

In accordance with the law, Cabosse & Associes assumes two guarantees: the guarantee of conformity and the guarantee relating to the latent defects of the products. Cabosse & Associes reimburses the Customer or exchanges defective products or those not corresponding to the order made.

Cabosse & Associes reminds you that the Customer:
- has a period of 2 years from the delivery of the property to make a claim to Cabosse & Associes
- may choose between the replacement and the refund of the product.
- can also assert the guarantee against latent defects of the item sold pursuant to article 1641 of the civil code and, in this case, may choose between the cancellation of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).

Article 14 Prohibitions

The Customer must not under any circumstances resell the products that are intended for his personal use or that of the recipient of his order.

Article 15 Legal notices concerning the site

The products offered for sale on this site are marketed by the company Cabosse & Associés, a simplified joint-stock company with share capital of 66.660 € euros, whose registered office is Immeuble Bords de Seine 1 - 3 Esplanade du Foncet 92130 Issy les Moulineaux, registered in the Trade and Companies Register of NANTERRE under number 538 825 761 and with intra-community VAT number FR 37 538 825 761.

To contact us: Téléphone : +33 1 48 05 05 72. E-mail: eboutique@lechocolat-alainducasse.com

Hosting : ALTINEA, 11 rue du Faubourg, 39570 NOGNA, e-mail : support@altinea.fr

Article 16 Intellectual Property

All texts, comments, works, illustrations and images reproduced or depicted on the Site are strictly reserved under copyright and intellectual property rights and for the whole world. Any reproduction or total or partial representation of the site or all or part of the elements found on the site is strictly prohibited. Any creation of hypertext links to the site without the express permission of Cabosse & Associés is also strictly prohibited.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Cabosse & Associés. No assignment of intellectual property rights is carried out through these T&C. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

Any fraudulent use of the trademarks, models, logos and names appearing on the Site, in violation of the rights of Cabosse & Associés as well as the companies and brands of the companies of Alain Ducasse Entreprise, constitutes an act of piracy that could incur the liability of its perpetrator on the basis of articles L713-2 et seq of the intellectual property code, and of community and international texts in the matter.

Article 17 Liability

17.1 The products offered comply with French legislation in force. The liability of Cabosse & Associés cannot be incurred non-compliance with the legislation of the country where the product is delivered (for example in the event of prohibition of a title...). It is the Client's responsibility to check with the local authorities the possibilities of importing or using the products he intends to order.

17.2 The photographs reproduced and illustrating the products presented are not contractual. They are as accurate as possible but cannot be completely faithful to the products on offer, especially as regards colours and shapes. Cabosse & Associés invites the Customer to refer to the description of each product to find out the precise characteristics.

17.3 In the event of non-compliance with its commitments and whatever the cause, Cabosse & Associés will be bound only by the reimbursement of the service, subject to the provisos set out above and in no event any indirect damages that the Customer may invoke. These indirect damages and losses include any loss of income, profits, interest or markets and any loss related to the inability to use all or part of the shipment.

17.4 Cabosse & Associés does not sell to professionals. 17.4 Cabosse & Associés is not intended to sell to professionals.

17.5 www.lechocolat-alainducasse.com, the official website of the brand Le Chocolat Alain Ducasse, is the only website authorised to sell Le Chocolat Alain Ducasse products. Any purchase on another website would be equivalent to buying a counterfeit item. The Customer (or the beneficiary) must under no circumstances resell the Alain Ducasse Chocolate products that are intended for his personal use. It is recommended to keep proof of purchase. We reserve the right not to respond to claims by a Beneficiary who has acquired the Alain Ducasse Chocolate products outside the official distribution network and in particular directly from an individual.

17.6 Cabosse & Associés rejects any liability in the event of difficulty of access to its site or interruptions in the connection, whatever the causes. Moreover, it cannot be held liable for any damage or virus that could infect your computer or any computer equipment, following use or access to the site or download from this site.

17.7 The hypertext links established within the framework of this website to other online resources are offered for convenience only, and their content or the links they contain, or any changes or omissions or updates made to them cannot incur the responsibility of Cabosse & Associes.

Article 18 Personal information and right of access to records

18.1 "Data Processing and Freedoms" Act and GDPR

The information and data concerning the Customer are necessary for the management of his order and commercial relations. They may be passed on to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable Cabosse & Associés to improve and personalise the services it offers and the information it sends.

In accordance with the Data Protection Act of 6 January 1978 and EU Regulation 2016/679 of 27 April 2016 (GDPR), the Customer has a right of access and rectification and opposition to personal data concerning him. He need merely write to Cabosse & Associés, Data Protection Officer,1-3 esplanade du Foncet – 92141 ISSY LES MOULINEAUX or by email to dpo@ducasse-paris.com, by indicating his name, first name, e-mail address and, if possible, his customer reference. In accordance with regulations in force, this application must be signed and accompanied by a photocopy of an identity document bearing his signature and specifying the address to which the reply must be sent. A reply will then be sent within one (1) month of receiving the request.

The site is registered with the CNIL under declaration number: 1686982.

Depending on the choices made by the Customer during the creation or consultation of his account, he may receive offers from Cabosse & Associates (Newsletters) as indicated when the account is created. If he no longer wishes to receive these offers, he may unsubscribe by clicking on the link of the Newsletter provided for this purpose.

To view our privacy policy, click on the following link: https://www.lechocolat-alainducasse.com/en/personal-data.

Article 19 Force majeure

Neither Cabosse & Associés nor the Customer may be held liable in case of non-performance or delay in the performance of one of its obligations described in these T&C which result from a case of force major, as defined by the courts.

Article 20 Independence of clauses

If any of the clauses of these T&C are declared inapplicable or invalidated for any reason, this invalidity will not affect the application or the validity of the other clauses of these general conditions, the one invalidated or deemed inapplicable then being replaced by the closest possible provision.

Article 21 Applicable law

These general terms and conditions are governed exclusively by French law. The language of this contract is French. In the event of a translation, only the French version is authentic.

In the absence of an amicable resolution, the French courts will be solely competent to hear any dispute or difference concerning them.

Cabosse & Associés cannot be held liable for non-compliance with the regulations of a foreign country where the products marketed on this site are delivered.

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

Article 22 Update

We may need to change this page periodically. Consequently, we invite you to regularly consult our general terms and conditions of sale.