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Article 1 : Recitals
The present general terms of sale exclusively apply between the owner of this site and any person visiting or buying via this site.
Any Internet surfer can be informed of our terms of sale on this site. These general terms of sale might be revised from time to time, the applicable terms of sale are those in effect online at the time you place your order.
These general terms of sale can be changed, and the revised policy will be immediately posted here. As we may make changes at any time without notifying you, we suggest that you periodically consult this rubric. Your continued use of the Website following posting of changes to theses terms will mean you accept these changes.
Article 2 : Contract
2.1 Eligibility to place an order
To be eligible to purchase goods and to lawfully enter and form contracts on this Website you must be 18 at least and have the judicial capacity or have a parental consent letting you place an order on our site.
Any orders placed on this Website must correspond to normal households’ needs.
2.2. Steps of conclusion of the contract between us
Once you have placed your order, a confirmation order will be sent to you by email on the address you entered. This confirmation email will list all the items of your order giving you the opportunity to modify it (notably the adding or suppression of some items) untill the dispatching date of your goods which will constitute the closing date for any changes.
For any changes, you have to get in touch with us as soon as possible by calling us first and foremost or by any means at your convenience.
We will inform you of the dispatching of your order by sending you an email.This email will constitue our acceptance of your order and therefore will become the sale contract between us .
These steps of conclusion of the contract apply whatever procedure of purchase used on our site.
During your order, we inform you of the availability of the products you want to purchase. Nevertheless, if, in spite of our vigilance, the products should be temporarily unavailable after you placed your order (stock shortage, new edition, etc.) we will inform you by email and we will invite you to cancel or modify your order. If the products turn out to be permanently unavailable after you placed your order (run out of stock, stopping of manufacturing or of new edition, etc.) we will automatically cancel your order and we will inform you by email.
Article 3 : Price and availability
All prices indicated for products available via the Website are in euros, inclusive of all French taxes (VAT and applicable taxes) at the current rates and are exclusive of transport costs, order processing costs, particular bank charges and packaging costs.
The total cost of your order, is the price of the products ordered plus VAT and delivery charges as set out in the Delivery section of the Website.
We can accept your orders while stocks last. We cannot give you daily information about this availability.The delivery times are mentionned for information only under the rubric "delivery" and we cannot grant these delays on no account. In case you should like to pay by cheque, your order will only be dealt with on receipt of the latter and the applicable delays are those of the day of receipt of your cheque.
If the products should be temporarily unavailable in spite of our vigilance, we will inform you by email as soon as possible. In case of unavailability, we reserve the possibi lity to send you a substitute item of equivalent price and quality.In that case, the cost of return due to the use of the right of retractation will be at our expenses. In case we could not provide you with a substitute item of equivalent price and quality, you will be able to cancel your order.
We remind you that your card will be charged during the online payment via our bank’s secured systemt as soon as you validate your payment on the bank’s site. As a consequence, in case an item wouldn’t be available and no substitute item could be delivered, you will be refund.
In spite of all our efforts some price mistakes may concern some of the items displayed on the site. Be assured that we do check the price during the dispatching procedure. In case the corrected price would be inferior to the right price, we would appply the cheapest rate and send your order. In case the price indicated would be superior to the right price, we will immediately inform you and procceed to the cancellation of your order unless you accept the reviewed order quote.
Article 4 : Custom duties
Any order placed on the site and delivered out of France might submit to some possible taxes and custom duties which are imposed when the parcel reaches its destination. These custom duties and possible taxes bound to the delivery of goods are at your expenses and under your responsability. We do not have to check nor to inform you of the applicable custom duties or taxes. To know about them, we advise you to ask for information to the proper authorities in your country.
Article 5 : Payment
You can pay by credit card indicated at the end of your order.
The credit cards issued by banks domiciled out of France must be international ones. If you make a payment by credit card, the amount of your order is debited once you have validated the acceptance of payment on our bank’s secured system.
Article 6 : Returns procedures
Thank you to become acquainted with our policy applicable to the items we sell.
Besides the possibility to benefit from a delay of fifteen (15) days to send us back the items without any justification, in accordance with our returns procedures, you also have a right of retraction of seven (7) days provided for by law. In that case, the cost is at your expenses.
The items must be sent back to the following address :
CHATILLON CHOCOLATIER
46, Place Charles de Gaulle
BP 23
29190 PLEYBEN
Article 7 : Intellectual property rights
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us, charged with interests if needed. Legal ownership will immediately revert to us if we refund any such payment to you.
Risk in the goods will pass to you on delivery to you.
Article 8 : Latent defects and responsibilities
In case an item delivered to you would have any defects, you can either choose to cancel the sale contract with the total refund of the amount paid and the costs of return or keep the delivered goods and get a discount.
We accept no responsibility in case the delivered good would not respect the legislation of the country where it has been delivered.
We do not accept any liability whatsoever for delayed delivery caused by a third party. We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current or error-free.
We do our utmost to garanty the provision of these present general terms of sale. We are responsible for any direct and predictable damages when using this site or concluding the sale contract between us. To the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract or tort (including negligence) which were not predictable when using this site or concluding the sale contract between us.
La limitation de responsabilité visée ci-dessus est inapplicable en cas de vol ou de faute lourde de notre part, en cas de dommages corporels ou de responsabilité du fait des produits défectueux.
Article 9 : Licence to access our website
As required under applicable law, neither the Content, The Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
The limited license does not include to:
-0 modify or download the Website or its contents; (except caching or as necessary to view content)
-1 make any use of the website or its content other than personal use;
-2 create any derivative work based upon either the Website or its content;
-3 Collect account information for the benefit of another party;
-4 Use any meta tags or any other ‘hidden text’ utilising our name or the Trade Marks without our express written consent; or
-5 Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastucture.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Website for personal, non-commercial use only. A Website that links to our Website may :
-0 Link to, but not replicate, our content;
-1 Not imply that we are endorsing such website or its services or products ;
-2 Not misrepresent its relationship with us;
-3 Not contain content that could be construed as distasteful, obscne, and may contain only content appropriate for all ages;
-4 Not portray us or our products or services, in a false, misleading, deragotory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
-5 Not use any trade mark without express written permission ; and
-6 Not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Article 10 : Comments, critiques, communication and other content
We welcome inquiries, critiques, comments or feedback on the products you use or might like to purchase. We also welcome suggestions, ideas, questions or any other information as long as the content is not illegal, obscene, abusive, threatening, libellous, prejudicial to a third party nor offending intellectual property rights.
Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any submiussion, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your submission and any ideas, concept or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “sapm”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify us for all claims arising from your claims to any rights in any submission.
Article 11 : Privacy policy
CHATILLON CHOCOLATIER values its customers and understands the importance of protecting their privacy and security online. We take special security measures to protect the personally identifiable information that we store.
Article 12 : Applicable right and competent jurisdiction
Your use of the Website and any purchase by you of any goods from CHATILLON CHOCOLATIER shall be governed by French law and the parties hereto submit to the exclusive jurisdiction of the French courts.
Article 13 : Identification
The name of our shop is either a commercial name or the name of a domain name linked to a society about which you will find all information in the "contact" rubric.
This website belongs and is managed by the manager of this site : Ms PHAM Thi Nam Trân.
LEGAL INFORMATION
Brandnames
The brandnames of this online shop created by MODULES WEB are protected by the owner herself or by her providers. These are commercial or registered brandnames in France and in other countries. The other trademarks, products or firms mentioned on that site can be commercial or registered brandnames which belong to a third party. Therefore, they are protected by the right of intellectual property.
Conditions of use of the site
Applicable law and the completion of the sale contract
There will be a sale contract between you and the owner of this website at acknowledgement of your order. Our acceptance of your order and the completion of the contract between you and us will take place when you have received this acknowlegment of your order by email.
To avoid any conflict related to the applicable law to this contract and to the fullest extent permitted by law, any dispute relating in any way to your visit to the website and any purchase by you of any goods from Papa Pique et Maman Coud shall be submitted to confidential arbitration in Lorient, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the French Courts, and your consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce.
On this site, any transaction or contract is clinched betwen the owner of this site under its commercial name or its legal successor and you, the client.
Responsability
To the fullest extent permitted by law, the owner of this site who is solely responsible for it, presents it “as is” and does not declare nor admit any garanty whatsoever concerning this site, its runnning or content.
Any information, including information related to delivery time and conformity of the products displayed on this site has no contractual value. Moreover, the owner of the site does not declare nor garanty that any information is correct, complete or up to date.
Information about the prices and the availability of the products might be modified at any time and are given for information only.
To the fullest extent permitted by law and the commitments taken by the owner of this Webshop, neither the owner of this webshop nor any affiliated firms and their directors, employees or any other representatives can be recognised responsible for damages, including loss of facts.
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