Terms and Conditions

Last modified: 26th of October 2016

These general terms and conditions of sale are entered into by, On the one hand, SO.ME.PROD, a company with a capital of 1,000,000 €, having its registered office is at 15 rue des Vignerons - 13006 Marseille - France, and registered with the RCS of Marseille under the number 422 256 834, hereinafter named the Company.

On the other hand, by any natural or legal person wishing to make a purchase on the website of the company hereinafter referred to as the Customer.

SO.ME.PROD is the owner of the esperantine-de-marseille.com online boutique, hereinafter referred to as the Website.

Purpose

 

These general terms and conditions of sale determine the rights and obligations of the parties in connection with the online sale of products offered by the Company. They are intended to define the terms and conditions applicable to any order placed by a Customer on the website https://esperantine-de-marseille.comedited by the Company.

 

The placing of an order on the Website is subject to the express and unreserved acceptance by the Customer of the terms of sale by ticking a box provided for this purpose. The validation of the order implies the express and unreserved acceptance by the Customer of the terms of sale in force on the day of the order and their commitment to respect its contents. The Customer acknowledges that he/she has read and has fully understood the Terms.

 

The Company reserves the right to modify and update these terms of sale without prior notice and at any time by the publication of a new version on the Website. The applicable conditions are those in force on the date of the order. These terms of sales are reserved for clients only, having the status of consumers within the meaning of the law and jurisprudence.

The terms of sale constitute the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only indicative value. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer matches his needs.

The Client represents and warrants that he/she has the legal capacity as well as all rights, titles, powers and/or authorizations necessary to contract hereunder.

Objet

Les présentes conditions générales de vente visent à définir les relations contractuelles entre la société et le client et les conditions applicables à tout achat effectué par le biais de la boutique en ligne, que le client soit un professionnel ou un particulier, majeur ou mineur avec autorisation parentale.

L’acquisition d’un bien à travers la boutique en ligne implique une acceptation sans réserve par le client des présentes conditions générales de vente.

Ces conditions générales de vente prévaudront sur toutes autres conditions générales ou particulières non expressément agréées par la société qui se réserve le droit de pouvoir modifier ses conditions de vente à tout moment. Dans ce cas, les conditions applicables seront celles en vigueur à la date de la commande réalisée par le client.

Les présentes conditions générales expriment l'intégralité des obligations des parties. En ce sens, le client est réputé accepter sans réserve l'intégralité des dispositions prévues dans ces conditions générales. Aucune condition générale ou spécifique figurant dans les documents envoyés ou remis par le consommateur ne pourra s'intégrer aux présentes, dès lors que ces documents seraient incompatibles avec ces conditions générales.

Products

The offers of sale presented on the Website are valid, in the absence of indication of any particular duration, as long as the products appear on the Website and within the limit of available stocks. Where a product is unavailable, the Company undertakes to inform the customer as soon as possible.

Every effort has been made to ensure the accuracy of the information presented on the Website. The company or its suppliers are not, however, liable for any consequences, incidents or damages resulting from electronic transmissions or the inaccuracy of the information transmitted even in the event that the company becomes aware of the possibility of such damage. The names and brands of products and manufacturers are used for identification purposes only. Photos, descriptions and prices of products are not contractual.

Offer validity and price:

The offers on the Website are valid as long as the products appear on the Website and within the limit of available stocks. Where a product is unavailable, the Company undertakes to inform the customer within 48 hours.

Territorial validity: The offers are valid for any and all purchases made online and for delivery in mainland France as well as throughout the European community.

Pricing

The prices listed in Euro on the Website are inclusive of VAT and are only valid on the day the order form is confirmed by the customer. They do not account for delivery costs, which are invoiced separately as indicated before the order is confirmed..

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate of will be automatically be applied to the prices listed. Full payment must be made when ordering. At no time will the sums paid be considered as a deposit or installments.

The company reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the confirmation of the order, subject to availability.

Any order is considered final after acceptance and confirmation on our part and given the artisanal nature of our production we reserve the right to modify the contents of the order.

Until the complete payment of the articles, they remain the property of the company.

Availability

Articles offered by the company through its Website are valid for the duration of their availability online, within the limits of available stocks. Out-of-stock or unavailable items will be clearly indicated as such. In the event of in which an item becomes unavailable after an order has been placed, the Company undertakes to inform the Customer by email as soon as reasonably possible. If an item is unavailable, the Company will contact the Customer to offer a similar item of equal value.

We would like to remind you that Espérantine is an artisanal confectionery, therefore should daily production prove insufficient, an additional delay of one or two days might be necessary to complete the order (manufacturing, packaging and shipping ).

Once paid, the order is considered final and cannot be cancelled.

Orders

To order the Customer may proceed as follows:

- browse the online store and choose articles of interest by selecting «Add to cart» for each article desired.

If the Customer would like to open an online account:

If the Customer does not have an online account, he/she may register beforehand by going to the «My account» section and entering the required details in the right-hand part of the «Create an account» form .

This form may also be accessed during order confirmation from «Shopping cart» webpage. When registering, the Customer must enter the following information: title, surname, name, full billing address, email and phone number. To order one or more articles, the Customer will need to login by entering his email and password. The Customer is hereby informed, consents and agrees that the entry of these two identifiers is sufficient proof of his identity.

 If the Customer does not wish to open an online account:

 The Company provides the Customer with the opportunity to place an order without opening an account. Nevertheless, the customer agrees to provide all information necessary for the processing of his/her order (billing and/or delivery address etc.)

- the Customer must enter his delivery address (which may be different from the billing address) and the method of delivery.

- the Customer will then be prompted to choose whether he/she wishes to customize his order by including a card and/or gift-wrapping his items.

- the Customer will select his/her preferred payment method and will be redirected to the secure payment provider of his choice (Paypal, WebAffaire / Credit du Nord)

 

If the Customer choses payment by credit card or via Paypal, he/she will then be automatically redirected to a secure payment page where his bank details will be required. Confirmation of an order implies acceptance of these conditions of sale, and implies that the Customer acknowledges that he/she has received the advice and information necessary to ensure that the offer matches his/her needs.

The recorded data and order confirmation provided by the Customer will be considered proof and acceptance of the transaction and will have the same value as a digital signature. Each and every order is subject to the Company's approval and acceptance. The Company reserves the right to reject an order due to insufficient stock, incomplete customer information, or for any other legal reason without having to provide any explanation whatsoever. No matter which method of payment the Customer chooses, the Company will acknowledge receipt of the order by email and provide the order number as an attachment in PDF format, as well as a summary with the complete details of his order. (items, address etc.) .

The Customer may also order by phone : + »33 04 91 67 40 31 7 days a week between 10am and 7pm

Warranty

Each box of chocolates has an optimal ‘date of consumption’ label. We recommend that you enjoy the chocolate within the indicated time frame. Chocolate reacts to moisture and heat, which cause it to whiten. Keep it in a cool (18 ° maximum) dry place away from light. Avoid storing it in the refrigerator.

Payment

The amount due by the Customer is indicated on the order confirmation sent by email to the Customer. The applicable currency is the Euro. The Customer may pay this amount immediately by choosing to pay by credit card or via his Paypal account. In this case, his order will be processed within 24h to 48h (working days). If an account in any other currency is used,the amount debited from the credit card will depend on the rate of the Euro on the day of the operation as well as any exchange fees charged by the bank issuing the card.

The Customer agrees to be charged the total amount due at the time of the order, and agrees to use a credit card in his own name. In case of fraudulent credit card use, the Company will in no case be held liable. The Customer can also pay this amount by check (only mainland France residents). In this case, the order will only be prepared and processed after receipt of the said check.

The company reserves the right to refuse any order or delivery in the cases of dispute with the customer, total or partial non-payment of a previous order, declined payment, non-payment or partial payment.

The responsibility of the company will in no case be engaged in this respect. In the case where the customer's bank account is not denominated in euros, the total amount to be paid is calculated according to the exchange rate on the day of the transaction.

Secure Payment

Credit card payments are 100% secure, whether through the WebAffaires payment provider which belongs to CREDIT DU NORD group or via the Paypal platform. The data is directly forwarded in encrypted format to these payment providers. At no time does the company store or have access to this confidential data. When the provider has verified and confirmed the payment, a confirmation email is sent to the Company's server, which automatically tags the Customer's order as «Paid». The order will then be prepared within 24h to 48h (working days).

Return & Refund policy

The right to return an order is a right reserved to natural persons. Such right does not apply to perishable goods such as chocolates and spreads.

In accordance with articles L.120-20, the Customer has a period of seven (7) calendar days to return - at his own expense - any items which do not suit him. This period runs from the date of delivery of the order. All returns must be reported in advance to the Company's customer care service, either by phone on +33 06 07 51 69 94 or by email via the online boutique's contact form. The item(s) must be returned to: SO.ME.PROD/Espérantine de Marseille - Customer Returns - 15 rue des Vignerons - 13006 Marseille - France.

Returned items will only be accepted if they are returned in their entirety, in their original full packaging, intact and in perfect resale condition. Any item that has been damaged, or whose original packaging has been damaged will not be refunded, returned or exchanged. The right to return a product may be exercised without penalty, with the exception of shipping and return fees. In the event in which a product is returned , the Customer may choose between a refund of the sums paid or the exchange of the article. In the case of an exchange, delivery will be at the Customer's expense.

In case in which the Customer exercises his rights under this paragraph, the Company will make every effort to refund the customer within thirty (30) days.

Delivery

Parcels will be delivered to the address specified by the Customer on the purchase order and within the geographical areas we serve. The Customer is responsible for the input of correct recipient details, which must be precise, accurate and complete. The company will not be held liable for a return delivery due to an error in the address indicated, or to the inability of the carrier to deliver to the address indicated.

In the case of delivery to a multi-occupancy address, the Customer acknowledges that the obligation of the Company is limited to delivery at the address indicated on the order form, even in the case in which the parcel does not find its way to the final recipient, or is collected by a third party. Orders are prepared and shipped within 24h to 48h (business days only) from receipt of payment. Orders placed on a Friday will be prepared on the following Monday or Tuesday.

 All parcels leave our premises in perfect condition. The Customer must report imperfections to the carrier (holes, crushed or opened parcels etc. ..) and if necessary should refuse to take delivery of the parcel. The Customer must imperatively notify the company, preferably on the same day, or at the latest within 3 days of receipt, of any anomaly concerning his order. Any notification received after this period will be rejected and the Company will be released from any liability.

 Any article declared as damaged during transport at a later date, without any reservation being expressed upon receipt of the package, will not be exchanged and cannot be returned. If the reporting requirements are met however, the Company will exchange or refund the missing or damaged item(s).

 

Long-distance deliveries

The Customer should be aware that, in the case of long-distance destinations which require more than 4 days for delivery, despite the insulated packaging it would be preferable to order the articles during the cold seasons of the year for optimal quality preservation.

 

For any delivery

The Company cannot be held responsible for any deterioration of the products due to their late withdrawal from the carrier. As the products bare perishable, the carrier cannot adequately conserve a package that may have been forgotten by the Customer.

In the case in which the Customer is absent on the day of the delivery, we advise recovering the parcel within 24h to 48h. Past this delay, we reject any responsibility for the condition of the parcel and the items it contains.

As with any shipment, the parcel may be delayed or lost. In these cases, we will contact the carrier to investigate. All efforts will be made, for as long as necessary, to find the missing parcel. If the parcel cannot be found, the carrier will be liable: the merchant will be reimbursed by the carrier, who will deliver an identical order at its own expense.

We do not accept any responsibility for longer-than-anticipated delays on the part of the carrier, especially in cases such as loss of products, bad weather or strikes. Any anomaly regarding the delivery (damage, missing products, damaged parcels, broken items etc.) must be indicated as such by the Customer on the delivery note in the form of a signed, handwritten reservation.

The Customer must further confirm the irregularity by sending the carrier a registered complaint with return receipt within two (2) business days of the date of delivery. The Customer must send a copy of this letter to: SO.ME.PROD / Esperantine de Marseille - Customer Service - 15 rue des Vignerons - 13006 Marseille – France, otherwise we will decline to substitute or exchange the items damaged.

 

For all deliveries

The Customer must notify the Company, on the date of the delivery or at the latest on the first working day following the delivery, of any complaint with regards to the delivery and/or non-conformity of the products with the information on the order form. Beyond this period, any claim will be rejected. The notification can be direcetd to: SO.ME.PROD / Esperantine of Marseille - 70 rue caisserie - 13002 Marseille - France.

Any claim which is not made according to the rules as defined above, and within the time limits indicated, will not be taken into account and the Company shall be released from any liability towards the Customer. In the case of mistaken delivery or exchange, any product to be exchanged or refunded must be returned to the Company whole and in perfect condition, with its original packaging, to the following address: SO.ME.PROD/Espérantine de Marseille - 15 rue des Vignerons - 13006 Marseille – France.

To be accepted, any return must first be reported and agreed to by the Company.

If this condition has been satisfied, the Company will re-expedite the package to the correct address and will bear the shipping costs, except in the event that the product does not match the original declaration made by the customer.

Tracking

Upon shipment of your order you will receive an email from the Company, indicating the date of departure of your parcel, the tracking code and the carrier's website where you will be able to track the delivery of your package .

Shipping costs

The shipping costs include all preparation and postage costs related to your order. The Customer will find them on the «Payments & Delivery» page.

Customs duties

Any order placed on the website and delivered outside of mainland France may be subject to taxes and customs duties which are levied when the parcel reaches the country of destination. These duties and any other related taxes are the responsibility of the Customer. The Company has no obligation to verify and inform its customers of these costs. It is up to the Customer to inquire with the competent authorities. In the case in which the recipient refuses to pay the required duties or taxes, any money charged to the Company in order to recover the package will be deducted from the refund made to the customer.

Liability / Intellectual Property

In the process of selling its products online, the Company cannot be held responsible for damages resulting from the use of the Internet such as data loss, intrusion, viruses, service interruption, or other unintended complications. Intellectual property: all elements of the online store are and remain the exclusive intellectual property of the Company.

No-one is authorized to reproduce, exploit, copy or broadcast - even partially and for any reason whatsoever - elements of the website be they software, graphics or sound. Linking to our website, in any form whatsoever is strictly prohibited without the written consent of the Company. The Company is required to create hypertext links which may redirect the user to websites which have no connection with the Company.

These links are given for information purposes in order that the user may continue reading or complete his research. The company disclaims any liability for content published and disseminated by these websites and/or blogs.

Data Protection & Civil Liberties

As per the French Data Processing and Civil Liberties Law, n° 78-17, 6 January 1978 regarding IT, data protection and civil liberties, users are entitled to access, change, correct and delete personal data concerning themselves. To do so, kindly use the Contact section of our website or send a letter to :

SO.ME.PRO.D/Espérantine de Marseille - Service Informatique - 15 rue des Vignerons – 13006 Marseille - France.

The present Website has been the object of a CNIL declaration under the number 1501688v0.

Neither a failure nor a delay on the part of either parties to these terms in exercising any right, power or privilege under these terms and conditions shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the parties herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under these terms and conditions, by statute or otherwise.

 Should one or more provisions of these terms and conditions be held invalid or declared as such by application of a law or a regulation, or following a final decision from a competent court, this shall not affect the validity of the other provisions.

 Neither party will have failed in its contractual obligations to the extent that their executions are delayed, hindered or prevented by a fortuitous event of force majeure. For the purpose of these terms and conditions, will be considered as a case of force majeure any irresistible fact or circumstance which is unpredictable, inevitable and independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts.

 The party affected by such circumstances agrees to notify the other within ten (10) business days of becoming aware of these circumstances. Both parties agree to jointly examine the impact of the event and agree on the conditions under which the execution of the contract will be continued within a period of three (3) months, except where rendered impossible due to force majeure. If the case in which the force majeure has a duration greater than one month, these general conditions may be terminated by the injured party.

Will be considered force majeure cases which are usually retained by the jurisprudence of the French courts and tribunals as such, for example the paralysis of various means of transport, earthquakes, fires, storms, floods, lightning or the shutdown of telecommunication networks as well as the disruption of telecommunication networks.

Records and Rules of Evidence

The computerized records kept in the company's computer systems under reasonable security conditions are considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices are stored on reliable and durable systems which can be produced as evidence. Any error in the information provided by the Customer when placing an order are the sole responsibility of the Customer. The company reserves the right to modify the contents of an order, given the artisanal nature of its production. The company also reserves the right to cancel any order from a Customer with whom there is a dispute over the payment of a previous order.

Governing Law and Jurisdiction

This Agreement is governed by and shall be construed in accordance French Law. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Marseille Commercial Court, notwithstanding plurality of defendants or warranty claims.

Modification of these Terms and Conditions

The Company reserves the right to modify these terms and conditions of sale at any time by publishing a new version that will be applicable to any order placed after the time of its posting.

Prohibitions

Purchased items are for the personal use of the recipient and may in no case be resold.