Company name Jean-Luc DROCHON (E. I.)
LA PICHOTTE CHOCOLATE FACTORY
33 rue des Halles
16110 LA ROCHEFOUCAULD (France)
Tel: 05 45 63 00 26
Fax : 09 65 21 09 68
Intracommunity VAT No: FR 955 148 68 009
Registration number in the Trade Register, SIRET : 514 868 009 00010
CNIL declaration no.: 1745800 v 0 / 1745801 v 0
 

PREAMBLE

Jean-Luc DROCHON / Chocolaterie La Pichotte is active in the retail trade of chocolates, confectionery and other related products.
Chocolaterie La Pichotte has introduced electronic distance selling (Internet) of some of these products in order to better meet the expectations of its customers.
The system implemented requires an active approach on the part of the client. It complies with the requirements for distance selling and in particular the Consumer Code.
The use of the distance selling process described in the General Terms and Conditions of Sale below is reserved for consumers only, as defined by law and case law, and acting exclusively for their own account and having full legal capacity to contract.
Orders placed through this distance selling process are solely for the personal use of the recipient of the products, this excludes any resale of said products to third parties. For this reason, works councils and local authorities cannot place orders via the website.
 

1 - APPLICATION AND ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE

The General Terms and Conditions of Sale (C.G.V.) define the rights and obligations of the parties in connection with sales made on the website "www.chocolaterie-la-pichotte.fr".
They are concluded between Jean-Luc DROCHON/Chocolaterie La Pichotte on the one hand, and people wishing to place an order for product(s) via the website www.chocolaterie-la-pichotte.fr. on the other hand.
The order of products present on the Online Shop is subject to acceptance by the customer of all the C.G.V. set out below.
These General Conditions of Sale prevail over all other conditions, in particular those in force for in-store sales, and are binding on the customer without regard to the specific clauses added by him, nor for the advertising documents issued by Jean-Luc DROCHON/Chocolaterie La Pichotte, nor, any other document.
The present General Terms and Conditions of Sale are applicable as long as they appear on the "www.chocolaterie-la-pichotte.fr" website. They are subject to change. Therefore, it is understood that the applicable conditions are those in force on the site "www.chocolaterie-la-pichotte.fr" at the time of placing the order.
If after the date of their removal from the site "www.chocolaterie-la-pichotte.fr" and their replacement, these General Conditions of Sale nevertheless remained accessible to the public via other Internet sites or by any other means, they would no longer be opposable to the company Jean_Luc Drochon/Chocolaterie La Pichotte.
The customer declares having read these General Conditions of Sale before placing his order. The validation of its order is thus worth acceptance without restriction nor reserve of the present General Conditions of Sale.
 

2 - PRODUCTS

The presentation photographs illustrating the products offered in the electronic catalogue of the online shop www.chocolaterie-la-pichotte.fr tend to describe and present the items with the greatest accuracy. However, Chocolaterie La Pichotte may have to modify an article, in particular to improve its quality or presentation. Consequently, these photographs cannot be considered as entering the contractual field and the variations in the representation of the articles can neither engage the responsibility of Chocolaterie La Pichotte nor affect the validity of the sale subject to the legal guarantees provided for in the article "Guarantees" of these General Terms and Conditions.
The net weight of our products may vary slightly depending on the raw materials.
 

3 - AVAILABILITY

The offers of products and/or services and the prices indicated are valid as long as they are put on line on the Internet site www.chocolaterie-la-pichotte.fr within the limit of available stocks and the period of the order.
In the event of unavailability after placing the order, Chocolaterie La Pichotte will inform the customer by e-mail and will offer either to provide replacement items with similar or better characteristics and qualities at an equal or higher price, or to refund if his bank account has been debited.
 

4 - ORDER

The automatic registration systems are considered as proof of the nature, content and date of the order. Jean-Luc Drochon/Chocolaterie La Pichotte confirms the acceptance of his order to the customer at the e-mail address indicated by him. The sale will be concluded only as from the confirmation of order. Products can only be delivered to the delivery address indicated by the customer during the ordering process. In the event of an error in the recipient's contact details, Jean-Luc Drochon/Chocolaterie La Pichotte cannot be held responsible for the impossibility of delivery to the recipient.
Jean-Luc Drochon/Chocolaterie La Pichotte reserves the right to refuse any order from a customer who does not communicate all the information requested, or if the available stock does not meet the customer's request.
The transfer of ownership of the products to the customer takes effect only after full payment of the order.
 

5 - PRICE

The price is expressed in euros including all taxes. The prices indicated on the product sheets do not include transport or delivery. The price invoiced to the customer is the price indicated on the order confirmation sent by Chocolaterie La Pichotte. This price is expressed all taxes included (including VAT for France and EU countries).
La Chocolaterie La Pichotte reserves the right to modify prices at any time. However, for any order accepted, it guarantees the rates applied on the date of confirmation of the order it has sent to the customer.
 

6 - PAYMENT

Payment is made by credit card bearing the acronym CB, Visa, Eurocard/Mastercard, or by bank cheque.
The order validated by the customer is considered effective only when the banking payment centers concerned will have given their agreement. In case of refusal of said centers, the order will be automatically cancelled and the customer notified by email.
For an order paid by check, the goods will be shipped upon receipt of the check and after cashing it, paying the full order. Goods ordered by bank check remain available to the customer within 8 days.
Furthermore, Jean-Luc Drochon/Chocolaterie La Pichotte reserves the right to refuse any order from a customer with whom there is a dispute.
 

7 - TERMS AND DELIVERY TIMES

Jean-Luc Drochon/Chocolaterie La Pichotte undertakes to deliver to its carrier all references ordered by the buyer, within the limits of available stocks, within three working days at the latest, except in cases of force majeure. The deadlines are from Monday to Thursday (except public holidays).
The customer can be informed, in real time, of the status of the delivery of his order, on the site of the service provider of transport which will be communicated to him at the time of the order.
In case of unfavourable climatic conditions to the shipment of the products (high temperatures or heat wave) Jean-Luc Drochon/Chocolaterie La Pichotte is entitled to refuse the orders. Customers will be duly informed by a message on the site or contacted directly.
 

8 - FORCE MAJEURE

Are considered as force majeure relieving the seller of his obligation to deliver, without this list being exhaustive, risks related to heat, war, riot, insurrection, social unrest, strikes of any nature including those affecting transport, supply problems of the company including in case of failure, and that it is the cause, one of its suppliers or delivery services.
 

9 - RETRACTATION AND RETURNS

The products (with the exception of spirits) sold by Jean-Luc Drochon/Chocolaterie La Pichotte being perishable in nature, they may not be subject to a right of withdrawal in accordance with Article L121-20-2-3° of the Consumer Code.
All product returns must be the subject of a formal agreement between Jean-Luc Drochon/Chocolaterie La Pichotte and the customer and must be returned within 48 hours following the agreement. After this period, no return can be taken into account. Any return accepted by Jean-Luc Drochon/Chocolaterie La Pichotte, in the case of an apparent defect or nonconformity of the products delivered and noted by Jean-Luc Drochon/Chocolaterie La Pichotte, will allow the customer to obtain the free replacement or the restitution of a credit note for his benefit, to the exclusion of any other indemnity, damages and interest.
For spirits sold by Jean-Luc Drochon/Chocolaterie La Pichotte, the customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of shipping costs, in accordance with Article L121-20 of the Consumer Code.
Returns must concern intact items in their original packaging, accompanied by any accessories, instructions for use and documentation. Items returned incomplete, damaged, damaged or soiled will not be taken back.
In case of abnormal or abusive returns, Jean-Luc Drochon/Chocolaterie La Pichotte reserves the right to refuse a subsequent order.
Returns should be sent to the following address: CHOCOLATERIE LA PICHOTTE 33 rue des Halles, 16110 LA ROCHEFOUCAULD, France.
 

10 - CONSERVATION GUARANTEES

Jean-Luc Drochon/Chocolaterie La Pichotte guarantees the quality and freshness of its products for the time indicated on each product page and/or on the product packaging as from their departure from La Rochefoucauld, provided that the storage conditions indicated on their packaging have been respected.
The customer is solely responsible for the proper preservation and use of the products he purchases. Jean-Luc Drochon/Chocolaterie La Pichotte cannot be held liable under any circumstances for any damage to the products due to improper storage or to a delay by a third party or the customer himself or for any consumption after their DLUO (Deadline for Optimal Use).
 

11 - CUSTOMER SERVICE

Jean-Luc Drochon is at your disposal from Tuesday to Friday from 9h30 to 12h30 and from 14h30 to 18h30. Tel: 05 45 63 00 26.
 

12 - PROTECTION OF MINORS

In accordance with article L3342-1 of the Public Health Code which stipulates that the sale of alcohol to minors under eighteen (18) years of age is prohibited, the customer certifies, by completing the order form, that he is sixteen (16) years of age at the date of the order.

13 - RESPONSIBILITY

The products offered comply with current French legislation and standards applicable in France, including health standards. Jean-Luc Drochon/Chocolaterie La Pichotte cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the customer to check with the local authorities the possibilities of importation or use of the products. Jean-Luc Drochon/Chocolaterie La Pichotte is released from any legal liability if the taxes were not paid by the customer.
Jean-Luc Drochon/Chocolaterie la Pichotte's liability is systematically limited to the value of the product in question, its value at the date of sale.
Jean-Luc Drochon/Chocolaterie La Pichotte will not be responsible for the content of information provided on sites pointed to by possible hypertext links from the online shop www.chocolaterie-la-pichotte.fr.
This online store is not intended to sell to professionals. Consequently, it cannot be held liable for any damage whatsoever resulting from a professional activity (operating loss, loss of profit, loss of opportunity, damage and expenses).
Jean-Luc Drochon/Chocolaterie La Pichotte cannot be held responsible for damage of any kind, whether material or immaterial or bodily, which could result from a malfunction, misuse of marketed products or failure to respect the information provided by labels concerning the possible presence in the composition of products of allergenic raw materials (e.g. nuts, groundnuts, dairy products, etc.).
The responsibility of Jean-Luc Drochon/Chocolaterie La Pichotte will in any case be limited to the amount of the order and cannot be held liable for simple errors or omissions that may have remained despite all the precautions taken when presenting the products.
 

14 - PERSONAL INFORMATION

The information of the personal information collected for the purposes of the remote sale is obligatory, this information is essential for the treatment and the routing of the orders, the establishment of the invoices.
This database has been declared to the CNIL under the number 1745800 V 0, 1745801 V 0 in accordance with the requirements of the law "Informatique et libertés" n°78-17 of 6 January 1978, amended. The customer has an individual right of access, rectification and deletion of personal data of a personal nature and this, in accordance with the law "Informatique et libertés" n°78-17 of 6 January 1978, amended, which he may exercise by sending an email to the address: contact@chocolaterie-la-pichotte.fr.
Jean-Luc Drochon/Chocolaterie La Pichotte undertakes not to disclose to third parties, free of charge or in return for the information provided by the customer. These are confidential.
 

15 - LITIGATIONS

This contract is subject exclusively to French law.
Any dispute that may arise from the interpretation or execution of these General Terms and Conditions of Sale and its consequences shall be subject to the exclusive jurisdiction of the French courts.