Terms and Conditions of Sale

Definitions

• Seller: means the company Chocolats Frigoulette.
• Customer: means the purchaser on the Chocolats Frigoulette website.
• Parties: the Customer and the Seller together constitute the Parties.

Preamble

The purpose of these general terms and conditions of sale is to define all relations between the company Chocolats Frigoulette and its customers.

Chocolats Frigoulette reserves the right to adapt or amend its terms and conditions of sale at any time. In the event of any amendment, each order will be subject to the terms and conditions of sale in force on the date of that order. The customer is therefore invited to consult the website regularly in order to keep informed of the most recent changes, particularly in the case of an order placed by telephone.

Special conditions of sale

The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on the website (name, price, ingredients, weight, quantity, colour, product characteristics, cost of services and limitation of certain categories of products) and expressly declares that they accept them without reservation. Placing the order and its confirmation by the customer constitute their full and complete acceptance of the special conditions of sale, which alone shall apply to the order.

Orders

Placing any order implies full and unconditional acceptance of the general terms and conditions of sale.

The customer places an order in accordance with the instructions given on the website. They choose from the products offered and add them to the basket by clicking the “Add to basket” button. The photos shown on the website are not contractually binding and in no way constitute an exact representation of the products that will be delivered. The words “organic product” or the “AB” label mean a product from organic farming certified by QUALITE FRANCE SAS F-35039.

The order is set out in a summary showing all the details, which the customer confirms before validating. The customer then follows the order process indicated. The order will be effectively validated once the customer has clicked “Send my order” at the last step of the process.

There is no minimum order.

Order validation

Any order form signed by the consumer by “double click” constitutes an irrevocable acceptance which may only be called into question within the limits provided for in these general terms and conditions of sale. You declare that you have read and accepted these general terms and conditions of sale before placing your order. Validation of your order therefore constitutes acceptance of these general terms and conditions of sale. Unless proven otherwise, the data recorded by Chocolats Frigoulette constitute proof of all transactions concluded between Chocolats Frigoulette and its customers.

Purchasing products on the website

To purchase a product, any customer must be at least 18 years old.

Any sale of alcohol to minors is strictly prohibited.

Quality commitment and substitution

Should the Seller’s product supplies not allow delivery to the Customer in accordance with their order, the Seller may substitute an equivalent item from the catalogue after informing the Customer and obtaining their consent.

Where a product does not meet the Seller’s quality criteria, the Seller may offer the customer an identical product (same variety) that meets the Seller’s quality standards.

Should there be a price difference between the original item and the substitute item in the Customer’s favour, the Seller will credit the Customer’s account with the difference between the price of the item at the time of the order and the price of the replacement item. Conversely, should the substitute product be more expensive than the original item, the Seller will bear the additional cost.

If no agreement can be reached, the Seller may issue a refund corresponding to the price of the missing product and consequently cancel part of the order.

Upon delivery or upon collection of the order on site, if the customer finds that one or more products are of unsatisfactory quality or missing, they must inform the Seller immediately. The Seller will provide compensation in the form of a credit note on your next order or a refund of the product.

Payment terms

These payment terms apply to all transactions concluded between the Seller and its customers.

When online payment is offered at the time of validating the order, the chocolates are paid for by bank card on the website. Otherwise, the order placed on the website is recorded and then confirmed by Chocolats Frigoulette, and payment is made by bank card or by cheque, when the order is collected from the chocolate factory, or before dispatch for an order to be delivered. Any order that is shipped is paid for in advance.

Workshops and tours booked online are paid for in full at the time of booking, by bank card (see “Workshops and tours”).

Online payment is provided by the company Stripe: bank card details are entered on its secure payment page and are never passed on to Chocolats Frigoulette.

Amending and cancelling an order

The customer may not amend or cancel their order. Upon simple request by email, the customer may postpone the collection of their order.

Delivery

After confirmation of the order, and subject to full payment of the price of the products ordered, Chocolats Frigoulette undertakes to ship the products ordered to the customer at the delivery address within two to four days: preparation time followed by shipping by Colissimo. Delivery times apply under normal service conditions and for consignments made by our usual carriers. Likewise, in the event of strikes by the postal services or road hauliers (more generally, any industrial action), or of weather incidents, delivery times may be extended.

Withdrawal and refunds

In accordance with Article L221-18 et seq. of the French Consumer Code, the customer has a withdrawal period of 14 clear days from the date of delivery of the order in which to return, at their own expense, any product whose quality is not satisfactory to Chocolats Frigoulette, 202 avenue de la République, 26270 Loriol-sur-Drôme, for exchange or refund, without penalty except for the cost of return.

Refunds will be made within a maximum of fifteen days.

This withdrawal period does not apply to workshops and tours booked for a fixed date: see “Workshops and tours” below.

Workshops and tours

Booking and payment. Chocolate workshops and guided tours of the chocolate factory are booked online, on the website’s “Book online” page, for a specific date and time. The price of all the places booked is paid in full by bank card at the time of booking. The booking is recorded upon receipt of payment; a personal link then allows the customer to keep track of it.

Shared sessions. A session may bring together participants who do not know one another. It goes ahead once a minimum number of participants is reached, as indicated on the booking page. Until this minimum is reached, the booking is “pending”; as soon as it is reached, the session is confirmed and will go ahead, even if a participant subsequently cancels.

Deadline. Each session has a deadline, indicated at the time of booking. If the minimum number of participants has not been reached by that date, Chocolats Frigoulette may either go ahead with the session or cancel it.

Cancellation by the chocolate factory. If Chocolats Frigoulette cancels a session, owing to an insufficient number of participants or for any other reason, each customer is refunded in full, to the bank card used for payment.

Cancellation by the customer. Bookings are non-refundable: cancellation by the customer or failure to attend the session does not give rise to any refund. For any question, the customer may contact the chocolate factory by telephone.

No right of withdrawal. In accordance with Article L221-28 12° of the French Consumer Code, the right of withdrawal does not apply to leisure activity services that must be provided on a specific date or within a specific period. Workshops and tours, being booked for a fixed date, therefore do not carry the 14-day withdrawal period: only the cancellation conditions above apply.

Private booking. Private booking of a workshop or a tour is arranged on request with the chocolate factory, which draws up a quote. The conditions of the private booking are those of the accepted quote.

Complaints and disputes

As part of our quality service, we welcome every complaint with goodwill, good faith always being presumed. The Seller guarantees the quality of its products.

For perishable foodstuffs, in the event of a latent defect or of quality deemed insufficient by the Customer, the Customer may get in touch by email or by post within 24 hours of receiving the order, providing factual evidence of their dissatisfaction (order reference, photos, description of the non-conformity).

In the event of apparent defects, the purchaser is entitled to return the goods. The return procedure will be given to the customer according to the nature of the dispute.

The parties agree that this contract is governed by French law. In the event of a dispute, the French courts alone shall have jurisdiction.

Complaints should be sent to customer service at the following address: Chocolats Frigoulette, 202 avenue de la République, 26270 Loriol-sur-Drôme, or by telephone on 06 65 75 34 14.

Consumer mediation

In accordance with Article L612-1 et seq. of the French Consumer Code, the consumer customer may have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with Chocolats Frigoulette, after first sending a written complaint to customer service (see “Complaints and disputes”).

Consumer mediator: [to be completed: name and contact details of the mediator].

Force majeure

Chocolats Frigoulette cannot be held liable for failure to perform the contract concluded where this is due to the occurrence of a force majeure event. If the product could not be delivered, the sale may be cancelled and the purchaser may obtain reimbursement of their payment, to the exclusion of any other compensation or damages.

The following are considered cases of force majeure releasing the Seller from its obligation to deliver: war, riots, fire, strikes, bad weather, accidents and the impossibility of obtaining supplies or of delivering.

With regard to products purchased to meet professional needs, Chocolats Frigoulette shall incur no liability for indirect damage arising hereunder, operating losses, loss of profit, damage or costs that may arise.

Prices

Sales are made at the catalogue price shown on the website on the date of the order. Prices are expressed in euros, all taxes included.

Promotional codes. A promotional code is entered when ordering, on the online shop only. Only one code may be used per order. Each code has its own conditions (period of validity, minimum purchase amount, number of uses), stated when it is issued; unless otherwise stated, it does not apply to products already on promotion or to delivery charges. A code is neither refundable nor exchangeable for cash. In the event of a return or cancellation, the refund covers the amount actually paid.

Liability

The website may contain hyperlinks to other websites. The website makes no commitment regarding any other website to which you may gain access via this website and is in no way responsible for the content, operation, services offered or access to these websites, which are governed by their own general terms and conditions of sale.

Chocolats Frigoulette accepts no liability in the event of misuse of the products it sells.

The web host shall in no event be liable for any direct or indirect damage, including but not limited to loss of business, profits or data, resulting from the use of or inability to use the website or the content and elements to which it gives access. This limitation applies in tort as well as in contract, even if the website’s host has not been informed of such damage.

Personal data

The personal data collected from the customer when placing an order are subject to the General Data Protection Regulation (GDPR) and to French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties. The customer has the right of access, rectification, erasure, restriction, objection and portability with regard to their data.

These rights may be exercised by email at contact@chocolats-frigoulette.fr. Chocolats Frigoulette does not disclose the personal data collected from the customer to third parties and does not transfer them outside the European Economic Area. Details of the processing are set out in our privacy policy.

Intellectual property

All texts, comments, works, illustrations, images and sounds reproduced on the website of the company Chocolats Frigoulette are reserved under copyright and intellectual property law, throughout the world.

Accordingly, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is permitted, subject to any more restrictive legal provisions.

Any other use not expressly authorised in advance by the company Chocolats Frigoulette is prohibited and constitutes infringement. Any total or partial reproduction of the catalogue and/or website of the company Chocolats Frigoulette is strictly prohibited.

Items belonging to the company Chocolats Frigoulette, such as the website, images and texts, as well as the product design, are the exclusive property of the company Chocolats Frigoulette. Internet users undertake not to infringe, directly or indirectly, the property rights of the company Chocolats Frigoulette.

Governing law

These general terms and conditions of sale are governed by French law.

Protection of minors

In accordance with Article L. 3342-1 of the French Public Health Code, which provides that the sale of alcohol to minors under sixteen (16) years of age is prohibited, the purchaser undertakes, by validating their order, to be at least sixteen (16) years old on the date of the order, by accepting the terms and conditions of sale when validating their order.