GENERAL CONDITIONS OF SALE AND USE

1. Preliminary information

a) Legal notices

In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the legal notices required to enable the identification of the Beussent Lachelle chocolate factory on this website will be set out below.

This site is published by the company Chocolaterie Beussent Lachelle, Sarl with capital of €232,500, registered in the trade and companies register of Boulogne-sur-Mer under number 33330827800048, and whose head office is located at 66 route de Dèsvres, 62170 Beussent. Chocolaterie Beussent Lachelle can be reached by telephone at 0321861762 or by email at the following address: commande@choco-france.com

Intra-community VAT number: FR55333308278.

The publication director of the site is Frédéric BOUCHER.

The editor is Frédéric BOUCHER.

This site is hosted by the company OVH, whose head office is located at 2 rue Kellermann 59100 Roubaix, reachable by telephone at the following number: 1007.

The general conditions of sale were generated using the CGV-expert.fr module.

b) Purpose

This site is freely accessible and free of charge to all Internet users. It consists of an online product sales site.

c) Acceptance of the general conditions of sale

Subscription to a contract governed by these general conditions with the Beussent Lachelle chocolate factory of this site implies acceptance, by the user, of said general conditions of sale. The user thereby acknowledges having fully read them. This acceptance will consist in the fact, for the user, of validating these general conditions.

The user acknowledges the evidentiary value of the automatic recording systems of the Beussent Lachelle chocolate factory on this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

Acceptance of these general conditions assumes that users have the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, 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. Method of placing orders and purchasing process

Products are sold within the limits of available stocks. Product availability is indicated on the site, in the description sheet for each item.

In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the ordering process will be described below:

In order to place an order, the user may select one or more products and add them to their basket. When their order is complete, they may access their basket by clicking on the button provided for this purpose. By consulting their basket, the user will be able to check the number and nature of the products they have chosen and will be able to check their unit price as well as the overall price of the order. They will be able to remove one or more products from their basket. This summary will notably indicate to the user the option they have or not to exercise their right of withdrawal as well as the deadlines and terms that apply.

If the order is satisfactory and the user wishes to validate it, the user can click on the validation button, and will then access a form in which they can either enter their login ID if they already have one, or register on the site by completing the form presented to them, with their personal information.

Once connected or after having fully completed the form, the user will be invited to check or modify their delivery and billing details, to read and validate these conditions, to confirm their order and then will be invited to make their payment by being redirected to the secure payment interface.

Once the payment has actually been received by the Beussent Lachelle chocolate shop from the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.

Likewise and within the same timeframes, the Beussent Lachelle chocolate factory undertakes to send the user an email summarizing the order in order to confirm its processing and to communicate all the information relating to the order.

3. Product prices, taxes and delivery costs

The prices indicated on the site are understood in Euros, all taxes included, and excluding delivery costs. The prices are firm, without discount, reduction or rebate. These prices can be modified at any time by the Beussent Lachelle chocolate factory. The price applicable to the customer is the one in effect at the time of the order.

The delivery costs will, in any event, be indicated to the customer before any payment.

In the event of delivery outside the European Union and to the French Overseas Territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and payment of said duties and taxes are not the responsibility of the Beussent Lachelle chocolate factory and will in any event be the responsibility of the user. It is therefore the user's responsibility to check all of this data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before placing any order on the site.

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

4. Payment information

The Internet user can place an order on this site and can pay by bank card and PayPal.

Payments by credit card are made using secure transactions provided by the following providers: Paypal and Crédit du Nord.

In the context of payments by bank card, the Beussent Lachelle chocolate factory on this site does not have access to any data relating to the customer's means of payment.

The delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by any means. In the absence of receiving payment from the customer within eight days of the order, the order will be cancelled and the products put back on sale on the site.

Failure to pay any amount due to the Beussent Lachelle chocolate factory on time will result in the collection of penalties equal to (3) three times the legal interest rate, to which will be added a fixed compensation of 40 euros for recovery costs. These penalties will be due from the day after the due date of the unpaid amounts, without prior formal notice.

5. Delivery or provision

a) Deadline

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

Click & collect orders - pick-up in store - are available within an average of 48 hours, during certain commercial periods, mainly Easter and end-of-year holidays, it is possible that an additional delay may be necessary to replenish the stocks of our handcrafted products such as castings for example.

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

Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the user when confirming the order.

(b) Damage and partial loss

In the event of delivery of a package that is clearly and visibly damaged, incomplete or containing damaged products, it is the customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the Beussent Lachelle chocolate factory without delay, so that a new package can be prepared for them, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer be applicable.

6. Customer service and right of withdrawal

a) Customer service

The customer service of this site is accessible from Monday to Saturday from 9 a.m. to 6 p.m. at the following non-premium telephone number: 0321861762, by email at the following address commande@choco-france.com or by post at the following address: Chocolaterie Beussent Lachelle, 66 route de Dèsvres, 62170, Beussent. In the latter two cases, the Chocolaterie Beussent Lachelle undertakes to provide a response within two working 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 indicated by you, acquires physical possession of the good 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. letter sent by post, fax or e-mail). In order to facilitate your steps, you can use the model withdrawal form but this is not obligatory.

In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

In accordance with the provisions of Article L121-21-8 of the Consumer Code, consumers may not under any circumstances claim to exercise any right of withdrawal for contracts:

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

(c) Effects of withdrawal

If you withdraw from the contract, we will reimburse all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from the fact that you have chosen, where applicable, a type of delivery other than the least expensive type of standard delivery offered) without undue delay and, in any event, not later than fourteen days from the day on which we are informed about your decision to withdraw. We will carry out the 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 this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods without undue delay and, in any event, not later than fourteen days after you have communicated your decision to withdraw from the contract. This deadline is deemed to have been met if you send back the goods before the expiry of the period of fourteen days.

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

You are only liable for any diminished value of the property resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the property.

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

7. Warranty for products purchased on this site

8. Provisions specific to the nature of certain products

All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force in France. The mandatory displays required by the legislative and regulatory provisions in force are made on this site, and in particular in the descriptive sheet of each article.

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

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

Products should be stored in accordance with the product instructions.

The best before date (BBD) and/or the use by date (UBD) will be indicated on the product description sheet.

9. User space

a) Creation

The creation of a user account is an essential prerequisite for any order by a user. To this end, the user will be asked to provide a certain amount of personal information. The user agrees to provide accurate information under penalty of termination of the contract at the initiative of the Beussent Lachelle chocolate factory and deletion of the user account.

Certain information will be deemed essential to the conclusion of the contract and its collection will be essential to the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the order.

b) Operation

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

If the data contained in the user account were to disappear as a result of an unforeseeable event, a technical breakdown or a case of force majeure, the responsibility of the Beussent Lachelle chocolate factory of this site could not be engaged, this information having no probative value but only an informative character. However, the Beussent Lachelle chocolate factory undertakes to securely store all contractual elements whose conservation is required by the law or regulations in force.

Beussent Lachelle chocolate factory reserves the exclusive right to delete the account of any user who has contravened these general conditions (in particular, but without this example being in any way exhaustive, when the user has knowingly provided incorrect information when registering and creating their account) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damages for the excluded user who will not be able to claim any compensation for this reason.

This exclusion does not exclude the possibility for the Beussent Lachelle chocolate factory to take legal action against the user, when the facts justify it.

c) Password

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

10. Exemption from liability of the Beussent Lachelle chocolate factory

a) Accessibility to the site and force majeure

In the event of inability to access the site, due to technical problems or any other nature, the user will not be able to claim any damages and will not be able to claim any compensation.

The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute harm to the user and cannot in any way give rise to the granting of damages by the site or its publisher.

Beussent Lachelle chocolate factory cannot under any circumstances be held responsible for the non-performance of the contract which may be attributable to a case of force majeure, as defined by the French courts.

b) Visual representation of products

The visual representations of the products published on this site are guaranteed by the Beussent Lachelle chocolate factory as being perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of colors or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to the Beussent Lachelle chocolate factory, which may in no case be held liable for this.

c) Products sold on the site

Beussent Lachelle chocolate factory 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.

The Beussent Lachelle chocolate factory on this site cannot be held responsible in any way for the misuse of the products, poor maintenance of the products, accidental damage or even abusive use of the products.

d) Hypertext links

The hyperlinks on this site may refer to other websites and the Beussent Lachelle chocolate factory of this site cannot be held liable if the content of these sites contravenes current legislation. Similarly, the Beussent Lachelle chocolate factory of this site cannot be held liable if the user's visit to one of these sites causes them harm.

11. Newsletter from the Beussent Lachelle chocolate factory and its partners

By checking the box provided for this purpose or by expressly giving their consent to this purpose, the user accepts that the Beussent Lachelle chocolate factory may send them, at a frequency and in a form that it will determine, a newsletter (information letter) that may contain information relating to its activity. When the user checks the box provided for this purpose, they agree to receive commercial offers from the Beussent Lachelle chocolate factory on this site for products and services similar to those ordered.

Subscribed users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.

Similarly, the user having accepted the communication of personal data (and in particular his email address) to third-party partners of this site by checking the box provided for this purpose, may be required to receive newsletters (information letters) issued by these partners, for commercial purposes or not, at the frequencies and in the forms determined by said partners.

The user has the option to unsubscribe at any time by clicking on the link provided for this purpose, present on each of the newsletters (information letters) issued by said partners. Failing this, the user has the option to unsubscribe by contacting the issuer(s) of said newsletters (information letters) directly. The Beussent Lachelle chocolate factory of this website cannot under any circumstances be held responsible for the content, data or forms of the newsletters (information letters) sent by said partners, regardless of the damage suffered by the user. Any complaint must be made directly to the issuer of the newsletter (information letter).

12. Information relating to the Data Protection Act

a) General – Purpose – Duration

The user has the free option to provide personal information about him/herself. The provision of personal information is not essential for browsing the site. However, registration on this site requires the collection, by the Beussent Lachelle chocolate factory, of a certain amount of personal information about the user. The user who does not wish to provide the information necessary to create a user account will not be able to place an order on this site.

The data collected is necessary for the proper administration of the services offered on this site as well as for the Beussent Lachelle chocolate factory to comply with its contractual obligations. This data is kept by the Beussent Lachelle chocolate factory in this sole capacity, and the Beussent Lachelle chocolate factory undertakes not to use it in any other context, nor to transmit it to third parties, without the express agreement of the users or cases provided for by law.

The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is stored in secure conditions, according to 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 he has provided. To do this, he simply needs to make a request to the Beussent Lachelle chocolate factory on this site, by sending it to the following email address: commande@choco-france.com, or by post to the address of the Beussent Lachelle chocolate factory headquarters mentioned at the top of these general conditions.

The personal data collected is subject to computer processing and is exclusively reserved for the Beussent Lachelle chocolate factory on the site.

The data controller is Fabrice AIGLE BOUCHER.

CNIL reporting number:

c) IP address

In addition, the Beussent Lachelle chocolate factory 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 the personal information and will only be intended to allow proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by points allowing the unique identification of a computer on the Internet network.

Beussent Lachelle chocolate factory must communicate all personal data relating to a user to the Police (upon judicial requisition) or to any person (upon order of the judge). The IP address of any computer may be subject to a comparison with the actual identity of the subscriber held by the ISP (Internet Service Providers).

13. Information relating to the collection of “cookies”

a) General – Purpose – Duration

In order to allow the user to navigate optimally on this site as well as better functioning of the various interfaces and applications, the Beussent Lachelle chocolate factory may install a cookie on their computer. This cookie is used to store information relating to navigation on the site (date, page, times), 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 period of up to 12 months, and may be read and used by the Beussent Lachelle chocolate factory during a subsequent visit by the user to this site.

b) Right to object to the installation of cookies

The user has the option to block, modify the storage period, or delete this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, browsing on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or functionalities provided by the Beussent Lachelle chocolate factory, this malfunction cannot in any case constitute damage for the user who will not be able to claim any compensation for this reason.

c) Deletion of cookies

The user also has the option to delete cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action has no impact on their navigation on this site, but causes the user to lose all the benefit provided by the cookie. In this case, they will have to re-enter all the information concerning them.

14. Intellectual property on the elements of the site

All elements constituting this site belong to the Beussent Lachelle chocolate factory 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 modified, will be likely to give rise to legal proceedings brought against him by the Beussent Lachelle chocolate factory or its beneficiaries.

This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.

Likewise, the user acknowledges being informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be subject to legal proceedings for economic parasitism.

15. General provisions and applicable law

a) Modification of the general conditions

These general conditions may be modified at any time by the Beussent Lachelle chocolate factory of the site or its agent. The general conditions applicable to the user are those in force on the day of his order. The Beussent Lachelle chocolate factory obviously undertakes to keep all its old general conditions and to send them to any user who requests them.

b) Applicable law and competent jurisdictions

These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French, any version available in a foreign language on the site has only an informative value. Similarly, this site may be translated into various languages in order to facilitate navigation for non-French-speaking users who would like to order on the site.

IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE STATUS OF A TRADER, WITHIN THE MEANING GIVEN TO IT BY THE COURTS OF FRENCH LAW, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN WHOSE JURISDICTION THE PUBLISHER IS ESTABLISHED.

c) Amicable settlement of disputes

Except for provisions of public policy, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the Beussent Lachelle chocolate factory of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for initiating legal actions.

The consumer may also have recourse to the consumer mediator on which the Beussent Lachelle chocolate factory depends. It is recalled that a dispute cannot be examined by the consumer mediator when the consumer does not provide proof of having previously attempted to resolve his dispute directly with the Beussent Lachelle chocolate factory.

Contact details of the consumer mediator:

• Name of mediator:
• Address :
• Phone number:
• Website:

(d) Divisibility

If one of the clauses of these general conditions were to be declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which would continue to produce their effect.

e) Non-waiver

The fact that the parties do not temporarily or permanently assert one or more clauses of these general conditions shall not in any case constitute a waiver of the right to assert the remainder of the general conditions.

If a consumer wishes to cancel his order, he can use the form below.

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

Attention: Chocolaterie Beussent Lachelle, 66 route de Dèsvres, 62170 Beussent. Reachable at 0321861762 or by email at the following address: commande@choco-france.com

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

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

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

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

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

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

(*) Delete as appropriate.

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