GENERAL TERMS AND CONDITIONS OF SALE AND USE

1. Preliminary Notices

a) Legal Notices

To comply with the provisions of the French Digital Economy Confidence Act of June 21, 2004, the legal notices required to identify Chocolaterie Beussent Lachelle as the operator of this website are set out below.

This website is published by Chocolaterie Beussent Lachelle, a SARL (limited liability company) with a capital of €232,500, registered with the Trade and Companies Register of Boulogne-sur-Mer under number 33330827800048, with its registered office located at 66 route de Dèsvres, 62170 Beussent, France. Chocolaterie Beussent Lachelle can be reached by phone at +33 (0)3 21 86 17 62 or by email at: commande@choco-france.com

Intra-Community VAT number: FR55333308278.

The publication director of the website is Frédéric BOUCHER.

The editorial manager is Frédéric BOUCHER.

This website is hosted by CS Internet, with its registered office located at 21 rue des Tilleuls, 57100 Manom, France, and can be reached by email at contact@cs-internet-hebergement.com.

b) Purpose

This website is freely accessible and free of charge to any internet user. Its purpose is the online sale of products.

c) Acceptance of the General Terms and Conditions of Sale

Entering into a contract governed by these general terms and conditions with Chocolaterie Beussent Lachelle via this website implies the user's acceptance of said general terms and conditions of sale. By doing so, the user acknowledges that they have fully read and understood them. This acceptance shall consist of the user validating these general terms and conditions.

The user acknowledges the evidentiary value of the automated recording systems of Chocolaterie Beussent Lachelle on this website and, barring proof to the contrary, waives the right to contest them in the event of a dispute.

Acceptance of these general terms and conditions implies that users have the necessary legal capacity to do so, or failing that, the authorization of a tutor or curator if they lack capacity, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

2. Order Subscription Modalities and Purchasing Process

Products are sold within the limits of available stocks. Product availability is indicated on the website within the descriptive sheet of each item.

To comply with the provisions of the Digital Economy Confidence Act of June 21, 2004, the ordering process is described below:

To place an order, the user may select one or more products and add them to their shopping cart. When the order is complete, they can access their cart by clicking the designated button. By viewing their cart, the user will be able to check the quantity and nature of the products chosen, verify their unit price, and see the total order price. They will have the option to remove one or more products from their cart. This summary will specifically inform the user whether or not they have the right of withdrawal, along with the applicable timeframes and procedures.

If the order suits them and they wish to validate it, the user can click the validation button. They will then be directed to a form where they can either enter their login credentials if they already have an account, or register on the website by completing the provided form with their personal information.

Once logged in or after having fully completed the form, the user will be prompted to check or modify their delivery and billing addresses, read and validate these terms, confirm their order, and then proceed with payment by being redirected to the secure payment interface.

Once payment is effectively received by Chocolaterie Beussent Lachelle, the latter undertakes to send an electronic acknowledgment of receipt to the user within a maximum of 24 hours.

Similarly and within the same timeframe, Chocolaterie Beussent Lachelle undertakes to send the user an order summary email to confirm its processing and provide all information relating to the order.

3. Product Prices, Taxes, and Delivery Fees

Prices indicated on the website are in Euros, all taxes included (TTC), excluding delivery fees. Prices are firm, with no discount, rebate, or allowance. These prices may be modified at any time by Chocolaterie Beussent Lachelle. The price applicable to the customer is the one in effect at the time the order is placed.

Delivery fees will, in any event, be indicated to the customer before any payment is made.

In the event of delivery outside the European Union and to French overseas departments and territories (DOM-TOM), the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of Chocolaterie Beussent Lachelle and shall in any event be borne by the user. It is therefore the user's responsibility to verify all this data as well as product import possibilities with the competent authorities of the delivery country prior to placing any order on the website.

PRODUCTS SOLD REMAIN THE PROPERTY OF CHOCOLATERIE BEUSSENT LACHELLE UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RETENTION OF TITLE CLAUSE. RISKS ARE TRANSFERRED TO THE CUSTOMER UPON DELIVERY OF THE PRODUCTS.

4. Payment Information

Internet users can place orders on this website and make payments via bank card and PayPal.

Bank card payments are processed through secure transactions provided by the following service providers: PayPal and Crédit du Nord.

In the context of bank card payments, Chocolaterie Beussent Lachelle does not have access to any data relating to the customer's payment methods.

The delivery times defined in the article below begin only from the date of effective receipt of payment by the seller, who can provide proof by any means. Failing receipt of payment from the customer within eight days of the order, the order will be canceled and the products put back up for sale on the website.

Failure to pay any sum due to Chocolaterie Beussent Lachelle by its due date will result in the assessment of penalties equal to three (3) times the legal interest rate, plus a flat-rate recovery fee of 40 euros. These penalties shall be due starting the day following the due date of the unpaid sums, without prior formal notice.

5. Delivery or Availability

a) Timeframe

Orders are delivered by CHRONOPOST (DPD Group), or any carrier designated by Chocolaterie Beussent Lachelle, within an average timeframe of 3 business days from the complete collection of the price corresponding to the order.

Click & Collect orders (store pickup) are available within an average timeframe of 48 hours. During certain commercial periods, mainly Easter and the end-of-year holidays, additional time may be required to replenish stocks of our artisan-crafted products, such as molded chocolates.

In the event of additional delays for the delivery or availability of your order, we will contact you directly to inform you of your products' availability dates and, if necessary, modify your order with you.

Certain products or order volumes may nevertheless justify a longer delivery time; express mention of this will be made to the user during the order validation process.

b) Damage and Partial Loss

In the event of delivery of a package that is manifestly and visibly deteriorated, incomplete, or containing damaged products, it is the customer's responsibility to refuse it in order to benefit from the carrier's guarantee. The user must also inform Chocolaterie Beussent Lachelle without delay so that a new package can be prepared and shipped upon receipt of the returned damaged package. In such cases, the delivery times indicated above in these general terms and conditions will no longer apply.

6. Customer Service and Right of Withdrawal

a) Customer Service

Customer service for this website is available Monday through Saturday from 9:00 AM to 6:00 PM at the following non-surcharged phone number: +33 (0)3 21 86 17 62, by email at commande@choco-france.com, or by postal mail at the following address: Chocolaterie Beussent Lachelle, 66 route de Dèsvres, 62170 Beussent, France. In the latter two cases, Chocolaterie Beussent Lachelle undertakes to provide a response within two business days.

b) Right of Withdrawal

The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods or the last good.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g., a letter sent by mail, fax, or email). To facilitate your procedures, you may use the withdrawal form template, but it is not mandatory.

For the withdrawal period to be respected, it is sufficient that you transmit your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

In accordance with the provisions of Article L121-21-8 of the French Consumer Code, consumers may under no circumstances claim any right of withdrawal for contracts concerning:

• The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and which may occur during the withdrawal period;
• The supply of goods made to the consumer's specifications or clearly personalized;
• The supply of goods liable to deteriorate or expire rapidly;
• The supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• The supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
• The supply of digital content not provided on a tangible medium whose execution has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.

c) Effects of Withdrawal

In the event of your withdrawal from this contract, we shall reimburse all payments received from you, including delivery costs (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having dispatched the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods. The cost of returning the goods, when they cannot normally be returned by La Poste due to their nature, will be indicated by Chocolaterie Beussent Lachelle prior to the conclusion of the contract.

Your liability is established only with regard to the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of these goods.

The return of products is carried out at the customer's risk and expense.

7. Guarantee of Products Purchased on This Website

8. Specific Provisions Regarding the Nature of Certain Products

All products sold on this website are marketed in compliance with the legislative and regulatory provisions in force in France. Mandatory displays required by current legislative and regulatory provisions are carried out on this website, specifically within the descriptive sheet of each item.

The food products offered on the site are provided in strict compliance with health standards applicable on French territory.

Products sold on the site are stored and sold under the hygiene and temperature conditions prescribed for their optimal preservation. Their delivery method is also adapted to their conservation.

Products must be stored in accordance with the product's user manual.

The best-before date (DLUO) and/or use-by date (DLC) will be indicated on the product's descriptive sheet.

9. User Area

a) Creation

The creation of a user account is an essential prerequisite for any order placed by a user. To this end, the user will be asked to provide certain personal information. The user undertakes to provide accurate information, failing which the contract may be terminated at the initiative of Chocolaterie Beussent Lachelle and the user account deleted.

Certain information will be deemed essential for the conclusion of the contract, and its collection will be mandatory for account creation and validation of the contract's conclusion. A user's refusal to provide said information will prevent the creation of the user account and, consequently, the validation of the order.

b) Operation

This space allows the user to view all their orders placed on the site, and also enables them, where applicable, to track the delivery of purchased products.

If the data contained in the user account were to disappear as a result of an accidental event, technical failure, or force majeure, the liability of Chocolaterie Beussent Lachelle could not be engaged, as this information has no evidentiary value but is purely informative. However, Chocolaterie Beussent Lachelle undertakes to securely retain all contractual elements whose retention is required by law or current regulations.

Chocolaterie Beussent Lachelle reserves the exclusive right to delete the account of any user who has violated these general terms and conditions (in particular, but without this example being exhaustive, when the user has knowingly provided erroneous information during registration and account creation) or any account inactive for at least one year. Said deletion shall not constitute damage for the excluded user, who cannot claim any compensation on this grounds.

This exclusion does not preclude Chocolaterie Beussent Lachelle's option to initiate legal proceedings against the user when justified by the facts.

c) Password

When creating a user account, the user will be asked to choose a password. This password guarantees the confidentiality of the information contained in their account, and the user is strictly prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

10. Limitation of Liability of Chocolaterie Beussent Lachelle

a) Website Accessibility and Force Majeure

In the event of impossibility to access the site due to technical problems of any kind, the user may not claim damages or be entitled to any compensation.

The unavailability, even prolonged and without any time limit, of one or one more products cannot constitute prejudice for the user and cannot under any circumstances give rise to the award of damages by the site or its publisher.

Chocolaterie Beussent Lachelle can under no circumstances be held responsible for non-performance of the contract attributable to a case of force majeure, as defined by French courts.

b) Visual Representation of Products

The visual representations of products published on this website are guaranteed by Chocolaterie Beussent Lachelle to be perfectly faithful to reality, in order to satisfy its obligation of complete information. However, given the current state of technology, the rendering of these representations, particularly in terms of colors or shapes, may vary noticeably from one computer to another or differ from reality depending on the quality of graphic accessories and screens or display resolution. These variations and differences cannot under any circumstances be attributed to Chocolaterie Beussent Lachelle, whose liability cannot be engaged on this basis.

c) Products Sold on the Site

Chocolaterie Beussent Lachelle undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legislative provisions in force in other countries.

Chocolaterie Beussent Lachelle cannot under any circumstances be held responsible for misuse of products, improper maintenance of products, accidental damage, or abusive use of products.

d) Hypertext Links

Hypertext links present on this website may point to other websites, and the liability of Chocolaterie Beussent Lachelle cannot be engaged if the content of these sites contravenes current legislation. Similarly, Chocolaterie Beussent Lachelle cannot be held liable if a user's visit to one of these sites causes them harm.

11. Newsletter of Chocolaterie Beussent Lachelle and Its Partners

By checking the box provided for this purpose or by giving explicit consent, the user agrees that Chocolaterie Beussent Lachelle may send them a newsletter, at a frequency and in a format determined by the company, which may include information relating to its activity. When the user checks the appropriate box, they agree to receive commercial offers from Chocolaterie Beussent Lachelle for products and services similar to those ordered.

Subscribed users have the option to unsubscribe from the newsletter by clicking the link provided for this purpose in each newsletter.

Similarly, a user who has agreed to the communication of personal data (including their email address) to partner third parties of this website by checking the appropriate box may receive newsletters issued by these partners, for commercial purposes or otherwise, at frequencies and in formats determined by said partners.

The user has the right to unsubscribe at any time by clicking the link provided in each newsletter issued by these partners. Failing that, the user has the option to unsubscribe by contacting the sender(s) of said newsletters directly. Chocolaterie Beussent Lachelle cannot under any circumstances be held responsible for the content, data, or formats of newsletters sent by said partners, regardless of any damage suffered by the user. Any complaint must be made directly to the sender of the newsletter.

12. Notices Regarding the French Data Protection Act (Loi Informatique et Libertés)

a) General – Purpose – Duration

The user has the free option to provide personal information concerning themselves. Providing personal information is not essential for browsing the site. However, registration on this website implies the collection by Chocolaterie Beussent Lachelle of certain personal information regarding the user. A user who does not wish to provide the information necessary to create a user account will not be able to place orders on this website.

The data collected is necessary for the proper administration of the services offered on this website as well as for compliance with Chocolaterie Beussent Lachelle's contractual obligations. This data is kept by Chocolaterie Beussent Lachelle solely for this purpose, and Chocolaterie Beussent Lachelle undertakes not to use it in any other context or transmit it to third parties, except with the user's express agreement or as provided by law.

Contact details of all registered users on this website are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable duration necessary for the proper administration of the site and normal data usage. This data is stored under secure conditions, using current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.

b) Right of Access, Rectification, and Opposition

In accordance with the Data Protection Act, the user has the right to oppose, query, access, and rectify the data they have provided. To do so, they simply need to submit a request to Chocolaterie Beussent Lachelle by email at: commande@choco-france.com, or by postal mail to the headquarters address of Chocolaterie Beussent Lachelle mentioned at the top of these general terms and conditions.

The personal data collected is subject to computer processing and is exclusively reserved for Chocolaterie Beussent Lachelle.

The data controller is Fabrice AIGLE BOUCHER.

CNIL declaration number:

c) IP Address

Furthermore, Chocolaterie Beussent Lachelle reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously; it will be kept for the same duration as personal information and is intended solely to ensure the proper administration of the services offered on this website. An IP address corresponds to a series of numbers separated by periods allowing the unique identification of a computer on the internet network.

Chocolaterie Beussent Lachelle must disclose all personal data relating to a user to the Police (upon judicial requisition) or to any person (upon judicial order). The IP address of any computer may be cross-referenced with the actual identity of the subscriber held by the ISP (Internet Service Provider).

13. Notices Regarding "Cookie" Collection

a) General – Purpose – Duration

To allow the user optimal navigation on this website as well as better functioning of various interfaces and applications, Chocolaterie Beussent Lachelle may implant a cookie on their computer. This cookie stores information relating to navigation on the site (date, page, hours), as well as any data entered by the user during their visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable duration of up to 12 months, and can be read and used by Chocolaterie Beussent Lachelle during a subsequent visit by the user to this website.

b) Right to Object to Cookie Implantation

The user has the option to block, modify the retention period, or delete this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In such cases, navigation on this website will not be optimized. If the systematic disabling of cookies on the user's browser prevents them from using certain services or functionalities provided by Chocolaterie Beussent Lachelle, this malfunction cannot under any circumstances constitute damage for the user, who cannot claim any compensation on this basis.

c) Deletion of Cookies

The user also has the option to delete cookies previously present on their computer by accessing their browser's menu intended for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect their navigation on this website, but causes the user to lose all benefits brought by the cookie. In this case, they will have to re-enter all information concerning themselves.

14. Intellectual Property on Site Elements

All elements constituting this website belong to Chocolaterie Beussent Lachelle or are subject to an operating authorization and are protected by legislation relating to intellectual property.

The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings initiated against them by Chocolaterie Beussent Lachelle or its assigns.

This protection covers all textual and graphical content of the site, as well as its structure, name, and graphic charter.

Similarly, the user acknowledges being informed that the matrix of these general terms and conditions has been deposited with a bailiff (huissier de justice) and that any reproduction, even partial, of this document may be subject to legal proceedings for unfair competition (parasitisme économique).

15. General Provisions and Applicable Law

a) Modification of General Terms and Conditions

These general terms and conditions may be modified at any time by Chocolaterie Beussent Lachelle or its agent. The general terms and conditions applicable to the user are those in force on the day of their order. Chocolaterie Beussent Lachelle undertakes to retain all its former general terms and conditions and make them available to any user who requests them.

b) Applicable Law and Competent Jurisdictions

These general terms and conditions are subject to French law and the exclusive jurisdiction of French courts. The language of the contract is French; any version available in a foreign language on the site is for informational purposes only. Similarly, this website may be translated into various languages to facilitate navigation for non-French-speaking users wishing to order on the site.

IN THE EVENT OF A DISPUTE WITH A CUSTOMER ACTING AS A MERCHANT, WITHIN THE MEANING GIVEN BY FRENCH COURTS, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN THE JURISDICTION WHERE THE PUBLISHER IS ESTABLISHED.

c) Amicable Settlement of Disputes

Except for public policy provisions, all disputes that may arise in connection with the execution of these general terms and conditions may, prior to any legal action, be submitted to Chocolaterie Beussent Lachelle for an amicable settlement. It is expressly reminded that requests for an amicable settlement do not suspend the time limits open for initiating legal actions.

The consumer may also resort to the consumer mediator designated for Chocolaterie Beussent Lachelle. It is recalled that a dispute cannot be examined by the consumer mediator when the consumer does not justify having attempted to resolve their dispute directly with Chocolaterie Beussent Lachelle beforehand.

Consumer Mediator Contact Details:

• Name of Mediator:
• Address:
• Phone Number:
• Website:

d) Severability

If any clause of these general terms and conditions is declared null by a court decision, this nullity shall not invalidate all other clauses, which shall continue to produce their effects.

e) Non-Waiver

The fact that the parties do not temporarily or permanently invoke one or more clauses of these general terms and conditions shall in no way constitute a waiver of the right to invoke the remaining terms and conditions.

If a consumer wishes to cancel their order, they may use the form below.

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(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of Chocolaterie Beussent Lachelle, 66 route de Dèsvres, 62170 Beussent, France. Reachable at +33 (0)3 21 86 17 62 or by email at: commande@choco-france.com

I/We (*) hereby notify/notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:

- Ordered on (*)/received on (*) : ........................................................

- Name of consumer(s) : ..........................................................

- Address of consumer(s) : ............................................................

Signature of consumer(s) (only if this form is notified on paper) : ....

Date : ..........................................................

(*) Delete as appropriate.

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