Terms and Conditions of Sale and Use
1. General principles
These General Terms and Conditions of Sale (hereinafter referred to as the “General Terms and Conditions of Sale”) set forth the terms and conditions governing online sales between DEBAUVE & GALLAIS and any customer (hereinafter referred to as the “Customer”) who makes a purchase (hereinafter referred to as an “Order”) of products (hereinafter referred to as the “Products”) offered for sale via the Website. They are written in French in their original version, which alone is authentic and prevails over any other version, including any English version that may be available.
The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions. These General Terms and Conditions of Sale are accessible to the Customer on the Website at any time and are systematically subject to the Customer’s consent at the time of order placement (hereinafter referred to as the “Order Placement”). In light of possible changes to the Website, DEBAUVE & GALLAIS reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Consequently, DEBAUVE & GALLAIS invites the Customer to review the General Terms and Conditions of Sale prior to placing any new Order. The General Terms and Conditions of Sale then in effect shall apply to any Order Placement occurring after the date they are posted online.
If the Customer disagrees with these terms, they must immediately cease using the Site and discontinue any Order Placement in progress.
Clicking the “I accept the General Terms and Conditions of Sale” button constitutes the Customer’s consent to the application of these terms. The Customer declares that they have read the following provisions before placing an order for the Products and declares that they fully and unreservedly consent to these General Terms and Conditions of Sale.
Failure to exercise, at any time, a right granted by the General Terms and Conditions of Sale shall in no event be construed as a modification of said terms, nor as an express or implied waiver of the right to exercise said right in the future, or of the right to demand strict performance of the commitments undertaken herein.
In the event that any provision of the General Terms and Conditions of Sale is deemed illegal or unenforceable by a court decision, the remaining provisions shall remain in full force and effect.
2. Products
The essential characteristics of the Products are described for each Product in the online catalog accessible on the Site. They are presented to the Customer prior to placing the Order, as part of the pre-contractual information provided to the Customer.
3. Customer account
The Customer may create a customer account (hereinafter referred to as the “Customer Account”) if they wish, in order to facilitate any future Order Placement. In such cases, DEBAUVE & GALLAIS will request from the Customer the personal data strictly necessary for the aforementioned future Order Placement. In this regard, the Customer agrees to provide DEBAUVE & GALLAIS with accurate, up-to-date, and complete data and to ensure its accuracy. The Customer agrees not to create a Customer Account under a false identity. It is the Customer’s responsibility to update their personal data.
Upon creation of the Customer Account, a confirmation email summarizing the information provided is sent to the Customer at the email address previously provided.
The login ID is the Customer’s email address; access to the Customer Account is protected by a personal and confidential password. The Customer agrees to keep it confidential and not to disclose it to third parties under any circumstances. The Customer is responsible for their password. If the Customer becomes aware that their account is being used fraudulently, they agree to report it immediately to DEBAUVE & GALLAIS.
4. Control
The Customer places an Order from the DEBAUVE et GALLAIS online catalog, which is accessible on the Site.
Any Order implies acceptance of the description of the Products and the prices in force on the day of the Order.
To place an Order, the Customer must :
- fill his/her shopping basket with one or more Products;
- if necessary, log in to his/her Customer Account or create one;
- check the Product(s) ordered, the price and the number of Products displayed, and identify and correct any errors;
- validate the order;
- provide delivery details, in particular the country of delivery (hereinafter referred to as the "Country of Delivery");
- where applicable, choose a delivery method;
- choose a payment method;
- read and accept the General Terms and Conditions of Sale;
- follow the payment instructions according to the method selected;
- check the order and confirm it definitively by agreeing to pay the price.
The order will not be definitively recorded until the last validation of the order summary screen and the Customer's commitment to pay the price (hereinafter referred to as the "Order Summary"). This action is equivalent to the handwritten signature referred to in article 1367 of the French Civil Code, and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code. As of this action:
- the Customer confirms his/her order and declares that he/she accepts it, as well as the entirety of these General Terms and Conditions of Sale, in full and without reservation; and
- the order is considered irrevocable and may only be called into question in the cases exhaustively provided for herein.
5. Order confirmation
Upon the Customer’s placement of the Order, a detailed order confirmation will be sent to the email address the Customer has previously provided. This confirmation specifies the exact amount billed, details of the products ordered and their quantities, the delivery terms for the order, and refers to these General Terms and Conditions of Sale. Said confirmation serves as acknowledgment by DEBAUVE & GALLAIS that the Customer’s Order has been received but does not imply confirmation of the Product’s availability. In short, DEBAUVE & GALLAIS undertakes to fulfill Orders only while supplies last.
In the event of unavailability, DEBAUVE & GALLAIS undertakes to inform the Customer as soon as possible by email or telephone. The Customer has the option, in the event of Product unavailability, to either cancel or modify the Order. In the event of cancellation due to unavailability, the Customer will be refunded within fourteen (14) days of receipt of their cancellation request.
The Customer agrees that the order registration systems serve as proof of purchase and its date. By retaining the acknowledgment of receipt of the aforementioned Order Placement and/or by printing it, the Customer holds proof of their order, which DEBAUVE & GALLAIS recommends they keep.
6. Awards
Product prices are indicated on the Site in euros, inclusive of all taxes. Depending on the Country of Delivery selected, the said prices will include the value-added tax in force for metropolitan France and the European Union on the day the Order is placed, as indicated on the Order Summary.
The prices advertised do not include delivery charges, which are in principle payable by the Customer, in accordance with the stipulations of article 8 below.
Where applicable, promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
7. Delivery charges
Shipping costs (hereinafter referred to as the “Shipping Costs”), as indicated on the Order Summary, are the sole responsibility of the Customer, except in the specific case provided for in Article 11 herein, relating to non-conformity or a defect in the Product. They include order processing and packaging.
However, as an exception, for any Order exceeding 500 euros in mainland France, the initial delivery charges are covered by DEBAUVE & GALLAIS.
8. Payment
Payment for the order is due in full on the date the order for the products is placed, in accordance with the following terms:
•
By credit card;
•
Via PayPal;
•
By check to the address provided when selecting this payment method.
The aforementioned payment methods constitute irrevocable payments as of the effective receipt of the amounts due by DEBAUVE & GALLAIS, except in cases of proven fraud. In such cases, the Customer may request cancellation of the payment and a refund of the corresponding amounts.
In any event, the order will be processed upon receipt of payment and subject to its collection.
9. Delivery
9.1. DeliveryTerms
Delivery is made to mainland France or any other Delivery Country selected by the Customer, subject to DEBAUVE & GALLAIS’s ability to fulfill the Order.
The delivery tracking numbers will be provided to the Customer via email, allowing them to track their shipment.
Shipping costs will be billed at the rate in effect on the day the Order is placed and as indicated on the Order Summary.
The Customer acknowledges the delivery terms before finalizing their order.
The Customer expressly acknowledges that the transfer of risk regarding the Products occurs upon their handover by DEBAUVE & GALLAIS to the carrier responsible for delivering the Order: the Products are thus shipped at the Customer’s own risk.
10.2. Delivery Times
Delivery times are indicated at the time the Order is placed. They vary depending on the selected delivery method. They begin to run from the date DEBAUVE & GALLAIS receives payment.
If multiple Products included in the same Order have different delivery dates, the delivery deadline will be the latest date. However, in this case, DEBAUVE & GALLAIS reserves the right to allow the Customer to request delivery of the Order in multiple shipments.
In the event of a delivery delay attributable to DEBAUVE & GALLAIS, the Customer may request cancellation of the sale of the Product by registered letter with acknowledgment of receipt or via any other durable medium (including email with acknowledgment of receipt) if, after having instructed DEBAUVE & GALLAIS, under the same terms, to make the delivery within an additional period of 15 days, DEBAUVE & GALLAIS has not complied within that period.
In this case, the sale shall be deemed canceled upon DEBAUVE & GALLAIS’s receipt of the letter notifying it of the cancellation, unless DEBAUVE & GALLAIS has complied in the meantime.
In the event of cancellation of the sale, DEBAUVE & GALLAIS will refund the Customer within 14 days of the date of cancellation.
Failure to meet delivery deadlines shall not give rise to the payment of any compensation.
10. Receipt of Products
As a preliminary matter, the Customer acknowledges the risks involved in shipping inherently fragile Products during periods of extreme heat, despite the use of protective packaging. Accordingly, the Customer may not raise any objections upon receipt of the Products based on criteria such as taste, freshness, or appearance.
The Customer is required to check the condition of the packaging and the conformity of the Products at the time of delivery and must immediately notify the delivery person of any reservations they intend to raise regarding the condition of the delivered Product so that these may be noted on the shipping document: damaged packaging, damage sustained, conformity with the order, etc.
Any claim regarding apparent defects or non-conformity of the delivered Product with the information provided when the Product was presented on the Site must be confirmed by the Customer to DEBAUVES et GALLAIS within 3 business days following the time of delivery by email to the following address: contact@debauve-et-gallais.com Similarly, any damage related to transport must be confirmed by the Customer by filing a written complaint with the carrier of the Products at the time of delivery or no later than 3 business days after such delivery.
The Customer must provide evidence regarding the existence of any non-conformities, damage, or defects observed.
If no claim is made within the aforementioned time limit and under the aforementioned conditions, the delivered Products shall be deemed accepted by the Customer.
Upon reporting the defect or non-conformity of the Product, subject to compliance with the provisions of this clause, the Customer shall obtain a return authorization from DEBAUVE & GALLAIS specifying the address and return procedures for the Products.
Once the return authorization has been obtained, the Customer agrees to return the Products to DEBAUVE & GALLAIS at the address specified on the return authorization in accordance with the indicated terms.
Any Product returned without the consent of DEBAUVE & GALLAIS will be refused and returned to the sender at the latter’s expense and risk.
To be validly returned to DEBAUVE & GALLAIS and/or exchanged, Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals, and other documentation.
In the event that the Customer returns the Product due to damage or a lack of conformity that has been verified and confirmed by DEBAUVE & GALLAIS, the Customer must use the same shipping method for returning the Products as was chosen for shipping the ordered Products. In this case, return shipping costs will be covered by DEBAUVE & GALLAIS via a return credit note or, failing that, by reimbursing the Customer for the actual amount of said costs (proof of return shipping costs must be included with the package; if not provided, the Customer may not claim a refund).
11. Warranties
Subject to the applicability of current regulations, DEBAUVE & GALLAIS grants exclusively to the Customer who is a “consumer,” as defined in the introductory article of the French Consumer Code, the right to invoke the legal warranty of conformity (Articles L. 217-3 et seq. of the French Consumer Code).
Notwithstanding the foregoing provisions, DEBAUVE & GALLAIS acknowledges that the Customer has the right to invoke the legal warranty regarding defects in the item sold (Articles 1641 to 1648 of the Civil Code).
The terms and conditions for invoking these warranties are set forth below in accordance with applicable provisions:
11.1. Warranty of Conformity
Article L. 217-3 of the French Consumer Code:
The seller delivers goods that conform to the contract and to the criteria set forth in Article L. 217-5.
The seller is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which becomes apparent within two years of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s supervision.
Article L. 217-5 of the Consumer Code:
The goods are in conformity with the contract:
1º If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
2º Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any specific use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article L. 217-8 of the Consumer Code:
In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity through repair or replacement or, failing that, to a price reduction or termination of the contract, under the conditions set forth in this subsection.
The consumer also has the right to suspend payment of all or part of the price or the provision of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon them under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
11.2. Statutory warranty regarding defects in the item sold
Article 1641 of the Civil Code:
The seller is liable under the warranty for hidden defects in the item sold that render it unfit for the use for which it is intended, or that diminish such use to such an extent that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of them.
Article 1648, first paragraph, of the Civil Code:
An action arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.
12. Liability
12.1. Information
DEBAUVE & GALLAIS makes every effort to ensure that the information published on the Site is accurate and up-to-date, and reserves the right to modify it at any time without notice. However, it cannot guarantee the accuracy, precision, or completeness of the information appearing on the Site. Consequently, it disclaims all liability for any inaccuracies, errors, or omissions in the available information, as well as any liability for damages resulting from fraudulent intrusion by a third party that has led to a modification of the information contained on the Site.
DEBAUVE & GALLAIS shall not be held liable for hyperlinks established within the framework of this Website that direct users to other resources on the Internet. Indeed, DEBAUVE & GALLAIS has no means of controlling the websites linked to its Website, of which the Customer is expressly informed herein. Consequently, the risks associated with such use are entirely the responsibility of the user, who must comply with the terms of use specific to each website.
Similarly, the photographs and texts reproduced and illustrating the Products presented are not binding. Consequently, DEBAUVE & GALLAIS cannot be held liable in the event of an error in any of these photographs or texts.
12.2. Compliance of Products with applicable standards
DEBAUVE & GALLAIS undertakes to sell Products that comply with the regulations and standards in force in France and any standards applicable at the time of sale.
12.3. Use of the
Website The use of and browsing on the Website are the responsibility of the Customer. DEBAUVE & GALLAIS disclaims all liability and shall not be held responsible for any damage or viruses that may affect computer equipment or any other hardware when accessing the Website, using the Website, or browsing the Website, or when downloading any content, data, text, images, or files from the Website.
12.4. Improper Use of Products
DEBAUVE & GALLAIS disclaims all liability and shall not be held responsible for any damage caused to the Customer or a third party resulting from the use of the Products in a manner inconsistent with their intended purpose.
The Products sold on the Site may contain certain allergens, which are specified for each Product under the “Allergens” section. As such, DEBAUVE & GALLAIS disclaims all liability for any damage resulting from the consumption of said allergens.
12.5.
Prohibition on resale of Products
The Customer undertakes not to resell the Products.
13. Consumer Customer's right of withdrawal
Pursuant to the provisions of Articles L.221-18 et seq. of the French Consumer Code, a “consumer” Customer, as defined in the introductory article of the French Consumer Code, who enters into a contract via a means of distance communication has a fourteen (14)-day withdrawal period from the date of receipt of the Product to cancel their order.
To exercise their right of withdrawal, the Customer must inform DEBAUVE & GALLAIS of their intention to withdraw by means of an unambiguous statement:
•
By email to contact@debauve-et-gallais.com; or
•
By returning the withdrawal form below, following these steps:
o
Print the withdrawal form.
o
Fill out the form and sign it.
o
Return the form by registered mail with return receipt to SAS CHOCOLAT DEBAUVE & GALLAIS, 30 rue des Saints-Pères, 75007 Paris or by email to: contact@debauve-et-gallais.com
When the right of withdrawal is submitted electronically online via the Website, DEBAUVE & GALLAIS will immediately send the Customer an acknowledgment of receipt of the withdrawal.
Upon receipt of the withdrawal request and upon instruction from DEBAUVE & GALLAIS, the Customer shall promptly return the Products, accompanied by a copy of the invoice. The costs and risks of return shipping are the sole responsibility of the Customer.
The cost of returning the Products is the initial delivery cost based on the standard delivery method offered by DEBAUVE & GALLAIS at the time of the Order.
DEBAUVE & GALLAIS undertakes to refund the Customer the price of the Order within 14 days of receiving the Products, using the same payment method selected by the Customer when placing the Order.
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals, and other documentation.
The Customer may be held liable in the event of damage to the Product caused by the Customer.
Notwithstanding the foregoing and in accordance with the provisions of Article L. 221-28 of the French Consumer Code, the Customer expressly acknowledges that the right of withdrawal is excluded for the following products:
•
Products made to the consumer’s specifications or clearly personalized;
•
Products likely to deteriorate or expire rapidly;
•
Products that you have unsealed after delivery and that cannot be returned for reasons of hygiene or health protection; and
•
Products that, after delivery and by their nature, are inseparably mixed with other items.
14. Intellectual property
The Customer has no intellectual or industrial property rights in the Products, packaging, or containers; DEBAUVE & GALLAIS remains the exclusive owner of all such rights.
Any use whatsoever by the Customer of the DEBAUVE & GALLAIS trademark or any other trademark belonging to DEBAUVE & GALLAIS or its suppliers and manufacturers is strictly prohibited, unless expressly authorized by DEBAUVE & GALLAIS.
The content and structure of the Site are protected by copyright and intellectual property rights worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to any different or even more restrictive provisions of the Intellectual Property Code.
Any reproduction or representation, in whole or in part, of any content on the Site (including any text, image, iconographic or photographic representation, trademark, or logo) for any purpose and on any medium is prohibited.
Failure to comply with this prohibition constitutes an infringement that may result in civil and criminal liability for the infringer.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a license to any intellectual property rights.
15. Protection of Personal Data
DEBAUVE & GALLAIS declares that it complies with and undertakes to comply with the personal data regulations in force in France, including the European General Data Protection Regulation of April 27, 2016 (GDPR) and the amended French Data Protection Act of January 6, 1978.
The nature of the services and goods provided by DEBAUVE & GALLAIS means that certain information concerning the Customer (the “Personal Data”) is collected and processed (collectively, “Processing”). The Processing of Personal Data by DEBAUVE & GALLAIS is carried out in accordance with the principles of Regulation (EU) 2016/679 (General Data Protection Regulation). Details regarding how DEBAUVE & GALLAIS complies with said regulation and the Customer’s related rights are available at … which the Customer acknowledges having read in its entirety.
In accordance with Article L223-2 of the French Consumer Code, the Customer is informed that they have the option to register free of charge on the BLOCTEL do-not-call list at https://www.bloctel.gouv.fr/ in order to no longer be contacted by telephone by a business with which the Customer does not have an ongoing contractual relationship.
16. Force majeure
DEBAUVE & GALLAIS shall not be held liable for any breach of its contractual obligations in the event of force majeure or unforeseeable circumstances, including, but not limited to, natural disasters, fires, internal or external strikes, internal or external failures or breakdowns, and, generally speaking, any event that prevents the proper fulfillment of the Order.
17. Applicable law and jurisdiction
The General Terms and Conditions of Sale are governed by French domestic law, to the exclusion of any international convention.
In the event of any dispute relating to these General Terms and Conditions or to the sale, the parties will endeavour to resolve their dispute amicably.
Failing amicable agreement, the competent court will be that of the defendant's place of residence or that of the actual delivery of the Product.
18. Filing a Complaint with the Consumer Ombudsman
A Customer who is a “consumer” as defined in the introductory article of the Consumer Code may, after submitting a complaint directly via the Website’s contact form accessible at https://debauve-et-gallais.fr/contactez-nous/ , may resort to a conventional mediation procedure or any other alternative dispute resolution method, and in particular by contacting, free of charge, within one year of filing their complaint, the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the Consumer Code:
Center for Mediation by Judicial Conciliators – CM2C, 14 rue Saint Jean, 75017 Paris.
Requests for mediation may be submitted by mail or via the consumer mediator’s website: https://www.cm2c.net/
The Customer may also, in order to resolve the dispute, access the European online dispute resolution platform provided for by Regulation (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes, particularly cross-border disputes, by following the link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
If this mediation fails, or if the Customer does not wish to use it, the Customer remains free to submit the dispute to the competent courts.
APPENDIX – WITHDRAWAL FORM
Attention:
DEBAUVE & GALLAIS
30, Rue des Saints-Pères
75007 PARIS
Ile de France
FRANCE
Dear Sir or Madam,
In accordance with Article L. 221-18 of the French Consumer Code, I am exercising my right of withdrawal.
Accordingly, I kindly ask that you refund me as soon as possible, and no later than 14 days after receipt of this letter, the amount of [____] euros that I paid you when placing my order, in accordance with the provisions of Article L. 221-24 of the French Consumer Code.
Please find enclosed [specify the returned item:__________________________________] which I am returning to you:
Received on [______________________]:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is submitted on paper)
Date
(*) Please cross out the unnecessary option.
