General terms and conditions of sale


AMENDMENT TO THE DELIVERY TERMS DURING THE COVID-19 CRISIS


1. DELIVERY AREAS

We only deliver to customers located in Great Britain. See delivery page for more details.

As chocolate remains a fragile produce, depending on the weather and the transport delays announced by DPD on a daily basis, we may postpone the shipment of your chocolates in order to preserve the quality of the delivery.

2. HEALTH AND SAFETY MEASURES:

In order to best guarantee your safety and the safety of our team, we have put in place certain measures:


- PREPARATION OF THE PRODUCTS:


Strict rules are applied to ensure production. Masks must be worn, safety distances are respected and the temperature of each team member is taken before entering our facilities. Equipment and work areas are cleaned and desinfected on a regular basis.


- IN THE SHOP :


During your visit in the shop, you will find your advisers wearing masks. Floor markings have been put in place to guarantee a safety distance of one meter, and access to the shop is limited to one person at a time. For everyone's safety, we ask you to wear a mask inside the shop.

To make your purchases, we ask you not to touch the products or the furniture, and to indicate your choices directly to our advisors who will prepare your order before handing it to you at the counter.

The credit card payment terminal is cleaned and disinfected after each use, and contactless payment is encouraged.


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Preamble

You are currently connected to the website www.lechocolat-alainducasse.com/uk published by CDL Chocolate Ltd company limited by shares registered office is 11 Old Jewry, London, United Kingdom, EC2R 8DU with company number 11473781 and with VAT number GB 306 695 487.

To contact us:  E-mail: lechocolat-uk@ducasse-paris.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 CDL Chocolate LTD (hereinafter "CDL Chocolate LTD") and any person visiting or making a purchase on the site www.lechocolat-alainducasse.com/uk (hereinafter the "Customer").

No special conditions may, unless formally accepted in writing by CDL Chocolate LTD, prevail over the T&C.

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

The fact that CDL Chocolate LTD 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/uk (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.). They 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. CDL Chocolate LTD 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 CDL Chocolate LTD 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 they 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, CDL Chocolate LTD 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 CDL Chocolate 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 British Pound Sterling inclusive of tax (VAT).

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. CDL Chocolate LTD customer service is at your disposal for any questions.

3.2 Taxes

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

The telecommunication costs necessary to access the CDL Chocolate websites are the responsibility of the Customer. If applicable, the delivery costs are as well.

3.3 Revision

CDL Chocolate LTD 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.

Article 4 Payment of the order

Payment of the order is made online via Stripe: By making payment via Stripe, you agree to be bound by the Stripe terms and conditions of service which are incorporated into these terms by reference.

The card is debited immediately. It is done at the time of online payment of your order.
The currency used for the transaction is British Pound Sterling. The amount, debited from the account of the bank card used, will depend on the price of British Pound Sterling on the day of the debit and any exchange fees charged by the bank issuing the card. Stripe are responsible for the rate of any exchange from another currency used to make a purchase.

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.

CDL Chocolate LTD 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 Stripe. This solution combines the approvals and certifications obtained from VISA, MASTERCARD direct as well as private issuers and purchasers for both its Distance Selling and Local Payment services. Stripe SERVICES use PCI-DSS certified servers to store all credit and debit card information. 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

We only deliver to customers located in Great Britain.

6.2 Preparation of products

Packages are prepared and packaged by CDL Chocolate LTD 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:

CDL Chocolate LTD : COAL DROPS YARD - KING'S CROSS, UNIT 15, BAGLEY WALK ARCHES, LONDON, N1C 4DH.

6.3 Routing of the order

CDL Chocolate LTD 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.
CDL Chocolate LTD 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, DPD 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 & AssociésCDL Chocolate to make mail deliveries in the United Kingdom of Great Britain and Northern Ireland is mainly DPD 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 CDL Chocolate LTD 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.

CDL Chocolate LTD 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, CDL Chocolate LTD will contact the Customer by phone or email to propose a new date of delivery or a refund. In any event, in the event of late delivery of more than 7 days, the Customer may cancel his order. In this case, if he has received the product, after its cancellation, CDL Chocolate LTD will proceed with the refund of the product and delivery costs, upon receipt of the product by it, complete and in its original condition.

CDL Chocolate LTD also invites the Customer to contact the Customer Service department, whose contact details are given below, for any question or problem. Customer service: lechocolat-uk@ducasse-paris.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 (DPD / Fedex) to agree on the second visit;
× The parcel has been deposited in the nearest carrier's (DPD / Fedex) office, or at a relay point - the recipient must then pick up the parcel.

Under no circumstances may CDL Chocolate LTD be held responsible for a delay in delivery or any deterioration of the products due to their late collection from the carrier. CDL Chocolate LTD 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 CDL Chocolate LTD

CDL Chocolate LTD 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.
CDL Chocolate LTD 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:

> COAL DROPS YARD - KING'S CROSS, UNIT 15, BAGLEY WALK ARCHES, LONDON, N1C 4DH

As the products are perishable, CDL Chocolate LTD 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 UK 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

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.

CDL Chocolate LTD insures the goods up to the place of delivery. Once delivery has occurred, risk passes to the Customer. It is the recipient's responsibility to check the parcel in the presence of the carrier. In case of damage or missing items, the Customer must 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: CDL Chocolate, 11 Old Jewry, London, United Kingdom, EC2R 8DU
- 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 CDL Chocolate LTD, CDL Chocolate LTD shall 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 CDL Chocolate LTD by crediting the Customer who placed the order using the same method of payment used to make the purchase.

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

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: lechocolat-uk@ducasse-paris.comor via telephone.

CDL Chocolate E-store customer service: Tél : +44 20 3668 7753

Article 12 Guarantees

The deadline for the consumption of CDL Chocolate LTD products is indicated on each packaging. It differs depending on the variety of products selected.

CDL Chocolate LTD 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.

12.1 Statutory guarantees

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

In the event of a claim, the Customer may choose between the replacement and the refund of the product.

Article 13 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 14 Legal notices concerning the site

The products offered for sale on this site are marketed by the company CDL Chocolate, a private company limited by shares whose registered office is 11 Old Jewry, London, United Kingdom, EC2R 8DU with company number 11473781 and with VAT number GB 306 695 487.

To contact us: Téléphone : +44 20 3668 7753. E-mail: lechocolat-uk@ducasse-paris.com

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

Article 15 Intellectual Property

All texts, comments, works, illustrations and images reproduced or depicted on the Site or on the products 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 CDL Chocolate LTD 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 CDL Chocolate LTD. 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 CDL Chocolate LTD 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 under the Copyright Designs and Patents Act 1988 and international treaties concerning intellectual property.

Article 16 Liability

16.1 The products offered comply with UK legislation in force.

16.2 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. CDL Chocolate LTD invites the Customer to refer to the description of each product to find out the precise characteristics.

In the event of non-compliance with its commitments and whatever the cause, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for 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.

16.4 CDL Chocolate LTD does not sell to businesses.

16.5 www.lechocolat-alainducasse.com/uk, 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.

16.6 CDL Chocolate LTD 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.

16.7 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 CDL Chocolate.

Article 17 Personal information and right of access to records

17.1 "Data Processing and Freedoms" Act and GDPR

The information and data concerning the Customer are necessary for the management of their 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 CDL Chocolate LTD to improve and personalise the services it offers and the information it sends.

In accordance with the Data Protection Act of 2018 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 them. He need merely write to CDL Chocolate LTD, Data Protection Officer,1-3 esplanade du Foncet – 92141 ISSY LES MOULINEAUX or by email to dpo@ducasse-paris.com, by indicating their name, first name, e-mail address and, if possible, the customer reference. In accordance with regulations in force, this application must be signed and accompanied by a photocopy of an identity document bearing the customer's 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 Information Commissioner’s Office (ICO) under declaration number: 11473781.

Depending on the choices made by the Customer during the creation or consultation ofv their account, they may receive offers from Cabosse & Associates (Newsletters) as indicated when the account is created. If they no longer wishes to receive these offers, they 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/uk/en/personal-data.

Article 18 Force majeure

Neither CDL Chocolate LTD 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 19 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 20 Applicable law

The laws of England and Wales apply to these terms, although if a Customer are resident elsewhere they will retain the benefit of any mandatory protections bestowed by the laws of that country.

Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that the Customer can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which the Customer lives.

CDL Chocolate LTD thanks you for using the site www.lechocolat-alainducasse.com/uk.

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.