GENERAL TERMS OF SALE FOR THE LA MAISON DU CHOCOLAT SITE
I. Application and opposability of General Terms of Sale
1.1.These general terms of sale are brought to the attention of each client in order to enable him to place an order.
1.2. Consequently, placing an order implies the complete understanding and acceptance of the general conditions of sale by the customer.
1.3. No special condition, or any other special conditions originating from the client, may prevail over the present terms and conditions without special consent from La Maison du Chocolat.
1.4. Any contrary condition proposed by the client will be, in the absence of express acceptance, unenforceable for La Maison du Chocolat at whatever time it was brought to their attention.
1.5. La Maison du Chocolat not claiming reliance at any time on any of the general terms of sales, should not be construed as an abandonment of any future reliance on any such terms of sales.
II. Order Taking and Confirmation
2.1. The client commits to complete the order form accurately and fill in the different sections (his address, delivery address, method of payment…).
2.2. Each order to be placed is subject to approval by La Maison du Chocolat. La Maison du Chocolat reserves the right to refuse any order due to insufficient stock, incomplete customer information, or for any other legal reason. We commit to inform within two (2) business days following placement of your order if we cannot fulfil your order.
2.3 The right of cancellation of 7 days is not applicable to perishable products such as chocolate. The client may not make use of this right. Cancellation by the client may be accepted in the event the parcel is being prepared.
2.4.However, once the parcel is handed over to the delivery carrier, cancellation is no longer possible and the charge will not be refunded.
3.1. The prices listed on the order form are in Euros after tax, from our facility in Nanterre. The French VAT rates of 5,5% for dark chocolate products and 20% for milk chocolate products apply to orders to be delivered to mainland France, Corsica and the European Union. La Maison du Chocolat may freely change the prices.
3.2. The prices do not include delivery charges. Delivery charges depend on the country of destination, the weight and the volume of the parcel. They include a contribution to the cost of the preparation of the parcel and transportation costs. For more information about these charges, you may contact us.
3.3. Import Taxes: There is no import tax in the countries of the European Union. For other countries, La Maison du Chocolat pays the import taxes and customs duty.
IV. Order Payments
4.1. Payment on line is made by credit card or Paypal. For this reason, there are neither discounts nor penalties for late payments, with the exception of several large Corporate accounts authenticated by La Maison du Chocolat; for these accounts the payment will be paid upon receipt of an invoice. For these orders, a duplicate will be downloaded upon order confirmation on the site. The invoice will be send by messenger.
4.2. The currency used for transactions is the Euro. The amount, charged to the account of the credit card, will vary with the exchange rate of the Euro on the day of the debit and possible exchange rate fees may be charged by the issuer of the credit card.
4.3. In order to be registered, the order must be paid in its entirety. Unpaid orders will not be shipped.
4.4. For credit card payment processing on the site lamaisonduchocolat.fr, OGONE has the strictest security on the market such as encryption SSL 3.0. 128 bits. In addition, OGONE has been granted three key certifications: AE (TDC), MasterCard and VISA (PCI DSS) for application of strict security standards.
4.5The invoice of the order placed on the website is available in the rubric "My Account".
V. Product Unavailability
Product and service availability is indicated on the website. Availability is definitive once the order is placed. La Maison du Chocolat cannot be held responsible for product unavailability in the shipment as long as the client has been notified before delivery.
VI. Product Shipment
6.1. Preparation and delivery of products
6.1.1. Parcels are prepared and packed by La Maison du Chocolat in a sealed, shock resistant package, which protects the contents during transportation.
6.1.2. The client is responsible that the information provided such as the name and address of the recipient be precise, accurate and complete (door code, floor, telephone number…) to enable proper delivery. La Maison du Chocolat cannot be held responsible for a returned shipment if it is due to an error of the address information provided or inability to deliver to the address as indicated.
In the event of an error in the contact information of the recipient or in the event the recipient is unavailable, La Maison du Chocolat will not be held responsible for failure to deliver the order. La Maison du Chocolat will contact the client, and if the client agrees, will arrange for a new order to be sent at the client’s expense including the cost of the products and shipping costs.
6.1.3. PLEASE NOTE : Orders addressed to a Post Office Box cannot be accepted.
6.1.4. Following confirmation of the order, La Maison du Chocolat undertakes to process and ship the order to the requested address, via a carrier chosen by the client. La Maison du Chocolat will insure the goods up to delivery; however, it is up to the customer to verify the parcel in the presence of the delivery agent. Any discrepancy on delivery must be noted on the delivery slip. If this clause is not respected, no reimbursement process for obtaining credit from the carrier will be initiated.
6.1.5. In the case of the absence of the recipient or someone else who could accept the order at the time of delivery, the shipper will leave the package in the mailbox of the recipient if the size permits. Otherwise, the shipper will leave an attempted delivery notice for the client to contact the shipper as soon as possible. Under no circumstances, will La Maison du Chocolat be held responsible for the possible damage to the products due to the delayed pick up from the shipper.
6.1.6. The logistics center for the preparation of the orders delivered to private residences is at the following address:
La Maison du Chocolat - 41, rue Paul Lescop - 92000 Nanterre.
This logistics center handles the orders delivered to the following countries: Germany, Andorra, Austria, Belgium, Canada, Denmark, Spain, France, Finland, Ireland, Italy, Lichtenstein, Luxembourg, Monaco, Norway, Netherlands, Portugal, Sweden, Switzerland and the Vatican.
The boutique on line does not deliver to the overseas departments.
On an exceptional basis, one of the Parisian boutiques could be tasked with preparing and shipping an order.
6.1.7 La Maison du Chocolat cannot be held responsible if the package has not been delivered for the following causes: "force majeure" as described by the tribunals and natural disasters.
6.2. Delivery Times
6.2.1. Delivery times depend on the country of destination and the method of delivery. By default, the site of La Maison du Chocolat proposes the earliest delivery date. The client may choose a later date that the one proposed by the site.
6.2.2. The delivery date is guaranteed:
• If you have selected one of the following methods: UPS SAVER, Messenger, Boutique Pick up. (For UPS STANDARD and So Colissimo), the selected date is an estimated date of delivery. The order may arrive 1 day early or 1 day after the date selected.
• except for a force majeure,
• except in the case of strike by the shippers,
• provided that the delivery address is precise, accurate and complete,
• provided that the recipient of the order is present at the time of delivery.
6.2.3 Delivery times depend on the selected shipper and the period of the year.
6.2.4 Concerning the deliveries in Corsica, we cannot guarantee the delivery date because our shipping company UPS gives the package to a local shipping company (named ROCCA) that will then deliver the package within 3 days to 1 week maximum. From May to September, the deliveries to Corsica are suspended, due to the warm weather.
VII. Transfer of ownership - Transfer of risk
7.1. The transfer of ownership of the products to the customer only takes effect after the customer has paid the price in full.
7.2. La Maison du Chocolat insures the risks of loss and damage to the products up to the delivery of the said products to the addressee. The transfer of risk is therefore made from the time the addressee has acknowledged receipt of the products.
VIII. Complaints & Disputes
8.1. Complaints or disputes will always be received with attentive goodwill, with the good faith of the person who has taken the trouble to set out the claim always being presumed.
8.2. Upon reception of the products, the customer must always check that the delivery is in conformity with his order. Any damage must be noted accurately, dated and signed on the delivery note.
8.3Any claims must be made within a maximum time of 3 days after reception, to the Customer Service department of La Maison du Chocolat:
- by mail: La Maison du Chocolat - 41, rue Paul Lescop - 92000 Nanterre –FRANCE
- by email via the form located in the heading "Contact us"
- by phone Monday to Friday from 9am to 5pm at 1 55 51 83 18.
8.4. The reason for the claim must be stated and accompanied by evidence justifying the loss incurred (transport document, photo of the package…). After analysis and acceptance of the complaint by La Maison du Chocolat, the client will be offered a goodwill gesture (reimbursement of shipping, shipping the product at the expense of La Maison du Chocolat...).
8.5 Any sales disputes regulated by the current general conditions will be brought, where no amicable arrangement can be found, either to the Court of the home town of the defendant, or at the plaintiff’s discretion, before the court in the jurisdiction where the products were delivered.
9.1. Any return of a product must be formally agreed between La Maison du Chocolat and the customer and be returned within 3 days of the agreement. After this period, no returns will be accepted.
9.2. Any return accepted by La Maison du Chocolat because of a visible fault or the non conformity of the products delivered ascertained by La Maison du Chocolat will enable the customer to receive a free replacement or the restitution of a credit note in his favour, with the exclusion of any other form of indemnity or the payment of damages.
X. Right of access & rectification
In the interests of protecting your privacy, La Maison du Chocolat processes all the information concerning you in the strictest confidentiality. When you make purchases, we only ask you for essential information (surname, first name, mail and e-mail addresses) to enable high quality processing and the attentive monitoring of your order. This data entered on line are recorded on a secure server and are immediately encrypted.
10.2. Your Rights
In accordance with the law on Computers and Individual Liberties dated 6th January 1978, you have the right of access to the data concerning you and of rectifying it. To do so, please contact us:
By email : firstname.lastname@example.org
By mail: La Maison du Chocolat – 41, rue Paul Lescop – 92000 NANTERRE
By telephone: 0033 (0)1 55 51 83 18
10.3. Our Duties
We declare all of our files to the “Commission Nationale de l’Informatique et des Libertés” (National Commission for Computers and Individual Liberties). We also incorporate the Robinson list and its Internet equivalent, the e-Robinson list, which are lists of people who do not wish to receive publicity mail.
The expiry date of our chocolates is indicated under each box. Keep in mind that our gift boxes have a shelf life of 2 weeks to 8 weeks maximum depending on the type of chocolate you have selected. Therefore, in order to best appreciate our chocolates, we advise you to choose the delivery date that is the closest to the date of consumption.
La Maison du Chocolat guarantees the quality and freshness of its products if they are stored in a cool place (14 to 18°C), away from light.
Under no circumstances may the customer sell the products which are intended for his personal use or that of the person to whom his order is addressed.
The photographs present on the site are non-contractual.