General Conditions of Sale
RECITALS
The company CHOCOLATERIE ET CONFISERIE DE MONACO, a limited company in Monaco with a capital of €115 000, entered in the Trade & Companies register with the number: 56S00260, with its registered office at: Place de la Visitation, 98000 Monaco and the intra-community VAT number FR 84 000 003 516, operates the CHOCOLATERIE DE MONACO website which can be accessed using the following address: www.chocolateriedemonaco.com (referred to hereinafter as « the Website).
The CHOCOLATERIE DE MONACO conducts online sales activities for certain of its products, via this Website. This service complements the store located to the following address: Place de la Visitation, 98000 Monaco. It is not designed to sell to the trade for resale.
The system, established in this manner, presupposes an active process on the part of the client, who is an internet user with a functional e-mail address, an individual or the representative of a legal entity, either professional or private, with the technical resources needed to use the service, which can be accessed via the Website and for which he/she is responsible and for which he/she bears the inherent costs of the internet connection allowing him/her to connect to the Website.
These general conditions for online sales govern all relations between the CHOCOLATERIE DE MONACO and its clients, within the framework of a distance selling system, downloaded, printed and take precedence over all other reproduction media.
Prior to placing an order for products, the client declares that he/she is fully aware of the following previsions and expressly and irrevocably accepts the terms outlined below. These general conditions are subject to change at any time with a notice of 2 months.
DEFINITIONS
Website: The website, which can be accessed using the following address: www.chocolateriedemonaco.com on which the CHOCOLATERIE DE MONACO offers products for sale.
Purchaser: Client: the individual or representative of a legal entity, professional or private, who purchases one or more products offered for sale by the company CHOCOLATERIE DE MONACO via the Website and who does not subsequently resell them.
Vendor: CHOCOLATERIE DE MONACO: the company represented by its legal representative, its employees identified by the Website, with whom the client concludes a distance-selling contract.
Parties: the purchaser and the vendor.
Order: The client’s purchase order, on the Website, for one or more products.
Payment irregularly: a non-payment, a late payment, a partial payment of the amount due, a rejection of a payment method or a refusal by the bank at which the account is held to action a payment.
ARTICLE 1: SUBJECT
The purpose of these general conditions is to outline the purchasing conditions to which the Client unreservedly subscribes by using the Website in order to choose one or more products selected and displayed by the vendor, to proceed with a purchase and to obtain delivery to the place of his/her choice.
Our offers are reserved exclusively for private clients, individuals or legal entities, for use without resale.
Any individual or legal entity wishing to purchase the CHOCOLATERIE DE MONACO products in order to resell them is invited to contact the CHOCOLATERIE DE MONACO via the e-mail address: info@chocolateriedemonaco.com.
ARTICLE 2: ENFORCEABILITY OF THE GENERAL CONDITIONS
Except special agreement written with the client, the deed by means of which the client confirms his/her order via a computerized transaction, which is outlined to him/her on the Website, or who gives his/her consent by phone, represents an irrevocable acceptance of the applicable general conditions.
The general conditions appearing on the Website therefore take precedence over all other conditions of sale that may appear in other documents issued by the CHOCOLATERIE DE MONACO.
The fact that the vendor has refrained from exercising any one of the general conditions, at a given moment, may not be interpreted as a subsequent definitive waiver of any one of the general conditions by the vendor.
ARTICLE 3: ORDERS
3.1. The purchaser’s legal capacity
Only individuals, who are legally capable of concluding contracts for the products offered for sale by the company CHOCOLATERIE DE MONACO, may place an order.
The client declares to the company CHOCOLATERIE DE MONACO that he/she has complied with the general conditions for distance selling and, in order to conclude the sale, has reached the age of legal majority and is neither under the protection of a guardian nor is he/she a ward when placing the order.
If he/she represents a legal entity, he/she declares that he/she has the authority to commit the legal entity to a distance selling “client-supplier” contract.
3.2. Placing an order
3.2.1. User ID and password
When placing his/her first order, and in order to personalize his/her relationship with the CHOCOLATERIE DE MONACO on the Website, the client may create an account on the Website. In order to do so, the client must enter a User ID and a personal password. A check is then undertaken by the IT system with the aim of verifying that the User ID is unique.
The User ID and the personal password provide proof of the purchaser’s identity and commit him/her to any orders placed using them.
The purchaser’s User ID and personal password are his/her responsibility and he/she alone will bear the consequences that may result from any use of them by third parties into whose hands they may fall, unless the purchaser can prove that knowledge of his/her personal password and user ID by third parties is the result of a direct error on the part of the CHOCOLATERIE DE MONACO.
Should the purchaser forget his/her User ID or personal password or should he/she believe that they have become known to a third party, the Website provides the purchaser with a function explaining how to obtain a reminder of his/her User ID and to choose a new password at any time.
By using the Website, the client agrees to provide all the information needed to place his/her order: specifically, his/her identity, address, delivery address where this differs, his/her telephone number and the chosen payment method for the order. As regards payment by credit/debit card, the client must have his/her card to hand in order to verify the type of card and to confirm the information appearing on it: its number, expiry date, security code and all the details needed for payment.
It is the responsibility of the client to carefully check the information he/she provides and the products forming the subject of his/her order before finally confirming it.
The order processing system allows him/her to review his/her order in order to amend it or correct any possible errors before finally confirming it. The CHOCOLATERIE DE MONACO may not be held responsible for errors on the part of the client.
3.2.2. Order confirmation
Placing an order represents acceptance of the price, the characteristics of products featured on the Website and the delivery terms.
The client places an order by clicking on confirm for the entire order.
Once the order has been received, the CHOCOLATERIE DE MONACO will confirm acceptance of the client’s order, as rapidly as possible, using the method of his/her choice: electronic mail using a confirmation e-mail. The sale will only be concluded when the order is confirmed by the CHOCOLATERIE DE MONACO and, at the latest, when it is delivered.
In case of unavailability of the products after ordering, the CHOCOLATERIE DE MONACO will contact the client by phone or e-mail as soon as possible in order to transmit the information and to agree either:
To postpone delivery until the replenishment of the products if possible;
To replace the product with an equivalent quality and price;
To cancel the order and refund the price eventually paid within a maximum of thirty days following the request, by bank transfer or by check.
3.3. Rejection of an order by the CHOCOLATERIE DE MONACO
The CHOCOLATERIE DE MONACO is entitled to reject any order for a legitimate reason; i.e. in the event of proven financial difficulties on the part of the purchaser, payment irregularities, foreseeable problems affecting delivery, orders placed in bad faith by the purchaser, or even for the vendor to confirm the purchaser’s identity by asking him/her to provide official proof in this respect.
ARTICLE 4: DELIVERIES COST – LEAD TIMES
4.1. Receipt of products
Risks will transfer on receipt of a delivery by the client at the agreed location. The client must check the condition of products on arrival and, where necessary, take recourse against the carrier.
In the event of missing, lost or damaged goods, the client must express all the reservations that he/she deems useful to the carrier responsible, when the products are delivered:
Immediately and definitively stating the nature and extent of the damage on the delivery note when the goods are received.
Confirming the justified complaint to the carrier, by means of a registered letter, within three days following receipt of the items transported.
These two conditions are indivisible and mandatory for calling the carrier’s liability into question. A client complaining of a partial loss or damage must state that it existed at the time of delivery.
The CHOCOLATERIE DE MONACO is released from its obligation to deliver in exceptional circumstances (complete or partial strikes, destruction, fire, etc.) and cases of force majeure. In such cases, the CHOCOLATERIE DE MONACO will refund the amount paid by the purchaser for the undelivered order or will deliver on a date to be agreed with the client. Compensation will not be paid to the client because of a non-delivery, in any circumstances.
On delivery, the client may be obliged to provide proof of his/her identity, on the request of the carrier. In the event that the client should refuse to produce his/her proof of identity or even in the event of discrepancies between the official document produced and the information gathered by the CHOCOLATERIE DE MONACO, the company reserves the right to cancel the sale and refund the cost of the products.
4.2. Delivery lead times and delivery costs for products
All orders placed before 12.00 pm will be shipped the same day. Orders placed after this time will be shipped the following morning or the first business day following the order if it is passed on Saturdays, Sundays or public holidays.
Free delivery in Monaco are made within 24 hours during working days, Monday to Saturday (Subject to availability of products).
Zone 1: France, excluding overseas departments and territories
Lead times for standard delivery are 48 to 72 hours with the Colissimo service of the French Post Office.
Zone 2: French overseas departments and territories
Lead times for standard delivery are within 5 to 7 with the Colissimo Expert OM service of the French Post Office.
Zone 3: Europe
Lead times for standard delivery are within 3 to 5 days with the Colissimo Expert International service of the French Post Office.
Zone 4: International (Except Europe)
Lead times for standard delivery are within 4 to 10 days with the Colissimo Expert International service of the French Post Office.
In exceptional cases, the costs outlined above may vary between the order date, its confirmation by the CHOCOLATERIE DE MONACO and delivery. In this case, the CHOCOLATERIE DE MONACO will specify the new cost in the confirmation of order e-mail and will await the client’s definitive acceptance of this new charge. Should the client fail to respond within a period of 48 hours following the e-mail confirmation, the order will be considered as cancelled.
The order will be delivered within a period of 1 to 10 working days following confirmation of the mentioned order. This lead-time is provided for information only and does not; in anyway, represent a commitment on the part of the CHOCOLATERIE DE MONACO, which makes use of the services of contractors for carriage.
4.3. Delivery terms depending on the carriers appointed by the CHOCOLATERIE DE MONACO
The CHOCOLATERIE DE MONACO has appointed one carrier to make its deliveries: the Colissimo service of the French Post Office.
Delivery lead times may be modified during holiday periods. The CHOCOLATERIE DE MONACO rejects all responsibility for late deliveries during holiday periods. Delivery lead times are automatically suspended by any event beyond the control of the vendor, which has the effect of delaying deliveries. The purchaser must provide the vendor with the exact information needed for delivery (door code, floor, possible delivery days and times, telephone number, etc.).
The vendor rejects all responsibility and all claims for compensation in the event or a delay caused by inaccurate or erroneous information from the purchaser.
4.3. Options and terms for returning deliveries
In the event that the purchaser or the recipient of an order, where the latter is not the purchaser, refuses to accept delivery of the order or wishes to return one or more products covered by the order, the CHOCOLATERIE DE MONACO will not refund the purchaser for the amount of the product or products returned given the nature and the fragility of chocolate. Furthermore, we are also unable to accept returns of gift boxes, whatever their contents.
ARTICLE 5: PRICES
Orders are invoiced in Euros.
The prices applied are those in force on the day on which the order is placed. Prices are expressed in Euros (including VAT), unless stipulated otherwise on the Website.
As a result of fluctuations in exchange rates, adjustment of transport costs, materials, etc., these prices may be subject to change, the CHOCOLATERIE DE MONACO therefore reserves the right to modify its prices without prior notice.
Prices are expressed ex-CHOCOLATRIE DE MONACO’s warehouse in Monaco and do not include delivery. The cost of carriage is outlined in article 4 of these general conditions.
Clients located outside mainland Monaco and France must obtain information regarding import duties or taxes that may apply to their orders and assume complete responsibility for both declaration and payment.
Prices of similar products sold by the CHOCOLATERIE DE MONACO in its store located at the following address: Place de la Visitation, 98000 Monaco may be different. The purchaser will not claim the acquisition of products on the Website at the same prices compare to the store prices and conversely.
ARTICLE 6: PAYMENT
Payment for orders must be made by credit/debit card only (CB, VISA, EUROCARD/MASTERCARD, AMERICAN EXPRESS) or PAYPAL.
The client’s bank account will only be debited when the order is dispatched.
The client making a payment by credit/debit card may not cancel it.
Proof of the price of the order appears on the purchase order, produced in HTML format, which is stored securely on the CHOCOLATERIE DE MONACO’s server. The price defined in this manner is fixed and final. The client receives an electronic mail containing a payment confirmation e-mail.
ARTICLE 7: LATE PAYMENT – NON-PAYMENT
Any recovery by means of litigation will automatically result, at the cost of the purchaser, in fixed compensation, by way of a penalty clause, of 15% of the value of invoices not paid by their due date.
In the case of late payment or unpaid invoices, the CHOCOLATERIE DE MONACO reserves the right to suspend all deliveries and cancel orders in progress.
ARTICLE 8: CANCELLATION OF A SALE
Should the client fail to fulfill any one of his/her obligations, in particular those relating the payment, the CHOCOLATERIE DE MONACO reserves the right to automatically cancel the sale and recover ownership of the goods. Any possible deposits and part payments made by the client will remain in the possession of the vendor as initial compensation, without prejudice to any other claims.
ARTICLE 9: INABILITY TO DELIVER
By express agreement, all events of any kind beyond the control of the CHOCOLATERIE DE MONACO, including exceptional circumstances, force majeure, accidents, strikes, official rulings or transport stoppages, which may delay, prevent, or exorbitantly increase the cost of delivery, represent a cause for suspending or terminating the CHOCOLATERIE DE MONACO’s obligations, as it sees fit, without any compensation for the client.
The CHOCOLATERIE DE MONACO will inform the client, by any appropriate means, of the existence of any such events and will refund the cost of the undelivered order. A new delivery may be scheduled, on the basis of conditions to be agreed, if required by the client.
ARTICLE 10: RETENTION OF TITLE CLAUSE
All sales are concluded with retention of title.
As a result, the transfer of ownership to the purchaser of products sold is suspended until full payment of the price.
The risks are borne by the purchaser once the products sold are delivered to the agreed location subject to the retention of title.
The purchaser is entirely responsible for all damage that the products may suffer or cause, for whatever reason, following delivery.
ARTICLE 11: COMPLIANCE – GUARANTEE – LIABILITY
On receipt of his/her order, the client must ensure that the products delivered comply with his/her order in all respects.
Should this not be the case, the client must inform the CHOCOLATERIE DE MONACO of this at the following address: CHOCOLATERIE DE MONACO Online sales customer service, Place de la Visitation, 98000 Monaco, by registered letter with an acknowledgement of receipt within a maximum of seventy two hours following receipt of the product or products in question.
In the event of hidden defects noted by the client, after examining the product, the vendor may replace the item with the same or an equivalent product.
ARTICLE 12: PRODUCTS – INFORMATION
The products appearing on the Website comply with current legislation in Monaco and the standards applicable in Monaco.
Each product appearing on the Website forms the subject of a fact sheet, which can be accessed by clicking on the photo of the product. This fact sheet outlines the key characteristics of the product: its name, weight, dimension, composition, photo and price (inc. VAT). These details are provided for the purchaser’s information and are not exhaustive.
All photographs illustrating the products displayed are non-contractual. In the event of a clear discrepancy between the characteristics of products and their presentation on the Website, the CHOCOLATERIE DE MONACO will not be held responsible.
The products and prices offered by the vendor are valid as long as they are visible on the Website, while stock is available. The vendor rejects all responsibility for shortages of stock or the unavailability of products.
Information on product availability is provided when the purchaser places his/her order. There may be errors or modifications in exceptional cases, specifically in the event of simultaneous orders for the same product from a number of purchasers. In the event that a product is unavailable after an order has been placed, the vendor will inform the purchaser by e-mail or phone, as quickly as possible, and will offer him/her a number of solutions: either to postpone delivery whilst waiting for supplies of this product, where this is possible, or to order another product appearing on the Website as a replacement, or to cancel the order. If the purchaser chooses to cancel the order, the cost will be reimbursed within 30 days from the payment date, at the latest, if the purchaser’s bank account has been debited.
The vendor reserves the right to change the articles appearing on the Website at any time, without notice.
The purchaser has to respect the ideal storage conditions for chocolates: it means, that is maintaining a temperature of 16-18°C and a humidity of 50-60% air humidity. This is the image of the CHOCOLATERIE DE MONACO.
ARTICLE 13: RESALE OF PRODUCTS
The resale of the CHOCOLATERIE DE MONACO branded products is prohibited.
ARTICLE 14: PROPERTY RIGHTS – THE BRAND IMAGE OF PRODUCTS
Whatever the media, all items appearing on the Website, which are registered or not, without this list being complete: style guide, software, database, price offers, photos, catalogues, images, sound, video and other promotional or non-promotional documents, are the exclusive property of the company CHOCOLATERIE DE MONACO, on the one hand, and are protected by intellectual property legislation, on the other.
Any use or reproduction of these items is prohibited without the prior written agreement of the company CHOCOLATERIE DE MONACO.
The company intends to protect and control the use of its brand image by the client when the latter uses the products sold in accordance with these general conditions.
The client specifically undertakes not to refer to, use or reproduce, on any media whatsoever, the name of the company CHOCOLATERIE DE MONACO and the brands it owns and/or which it markets, without prior express authorization.
ARTICLE 15: INFORMATION ON GATHERING PERSONAL DATA - CONFIDENTIALITY
The information requested from the client, when he/she enters his/her details on the Website, is needed for the CHOCOLATERIE DE MONACO to process his/her order. The information entered by the client on the Website for the purposes of his/her order and on any other document exchanged as part of the application of these general conditions may form the subject of automated processing for administrative and commercial management purposes.
The client has a right to access, correct and remove data relating to him/her, which may be exercised by submitting a written request to the CHOCOLATERIE DE MONACO, at the following address: CHOCOLATERIE DE MONACO Online sales customer service, Place de la Visitation, 98000 Monaco. The client himself/herself may also modify personal information via the “My Account” area, which is reserved for him/her on the Website.
ARTICLE 16: PARTIAL INVALIDITY
Should one or more clauses of these General Conditions be deemed invalid or declared as such pursuant to the law, a decree or regulations or as the result of a definitive ruling by a competent court, the other clauses will retain their full force and scope.
ARTICLE 17: CORESPONDENCE – PROOF – NOTIFICATIONS
By express agreement between the parties, communication between them may specifically take place by e-mail.
The parties will implement all the necessary security measures allowing them to guarantee the availability, integrity and confidentiality of data exchanged.
They will also implement all other useful measures, including firewalls and virus protection, routinely updated and correctly parameterized, in order to protect themselves in the most effective manner against intrusion, attacks and the spread of viruses, in order to guarantee the availability, integrity and confidentiality of information received.
The parties will back up (save) all messages transmitted in relation to the subject of these general conditions in the most appropriate and secure manner.
ARTICLE 18: DISPUTE – COURTS OF JURISDICTION
Law in Monaco governs these general conditions
Any disputes arising from the interpretation and/or implementation of these general conditions, will give rise to an attempt at amicable settlement between the parties. In the event that an amicable settlement cannot be reached, the dispute will be heard by the competent legal jurisdiction on the initiative of the promptest party.
The only competent jurisdictions, in the event of a dispute of any kind or difference relating to the composition or performance of an order, are the courts for the company’s registered office.
Acceptance of payments by the company does not imply derogation from an allocation of jurisdiction.
No clause to the contrary on the part of the purchaser may derogate from this clause.
Legal notices:
Identity of the author of the offer: CHOCOLATERIE DE MONACO, a limited company in Monaco with capital of €115 000€.
Trade & Companies Register: 56S00260 – Business nomenclature code NAF 2008: 4638A
Registered office: Place de la Visitation, 98000 Monaco
Intra-community VAT: FR 84 000 003 516
By Appointment to H.S.H. The Sovereign Prince of Monaco
Place de la Visitation 98000 Monaco Ville - Principauté de Monaco
Tel (+377) 97 97 88 88 – Fax (+377) 97 97 88 99 – info@chocolateriedemonaco.com
RCI: 56 S 0260 TVA: FR 84 0000 3516