Terms and conditions of sale

Article 1: Legal information

The Côte de France website https://cote-de-france.fr/est is managed by Marquise de Sévigné Diffusion – rue du pont du péage – 67118 GEISPOLSHEIM, SIRET: 45252694000104.

Legal representative: Mr F. Le Roux de Bretagne

Customer service for the https://cote-de-france.fr/ website can be contacted by telephone on 01 42 61 41 46 from Monday to Saturday from 11am to 1.30pm and from 2.30pm to 7pm or by post using the Contact form.

Article 2: Preamble

The present General Terms and Conditions of Sale (hereinafter “GTS”) of “Côte de France”, identified above as “the Company”, define the terms and conditions according to which any natural person of legal age purchasing for his personal non-professional needs, as well as any legal entity purchasing for its needs other than those relating to its professional activities (hereinafter “the Customer”) orders and purchases the products sold by the Company, within the framework of a distance selling system on the Internet.

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the Company to the Customer.

The products are goods defined in the sales catalogue on the https://cote-de-france.fr/ website.

Online sales are exclusively reserved for the above-mentioned persons who agree to fill in the mandatory fields presented at the time of registration and who have a delivery address located within the territory of Metropolitan France, Corsica, Monaco and in the French language.

These conditions alone govern the relationship between the Company and the Site’s Customers, to the exclusion of any other document.

 

Article 3: Application and enforceability of the General Terms and Conditions of Sale

Before confirming any order, the Customer must download, read and accept the G.S.C. by ticking the box “I have downloaded, read and accepted the General Terms and Conditions of Sale (G.S.C.)” before clicking on the “Confirm order” button.

Please note that you can save and/or print these General Terms and Conditions of Sale.

The last date on which the general terms and conditions of sale were updated is indicated under the heading General Terms and Conditions of Sale.

Before this confirmation, the customer has a mechanism enabling him to correct or modify his choices. This mechanism is accessible at each stage of the order entry process.

Any confirmation by the Customer of an order entered on the Site implies the Customer’s full and unreserved acceptance of these T.G.V. and of the specific terms and conditions of the order (items ordered as presented on the Site within the limit of the quantities that may be mentioned, name, price, components, etc.).

These G.S.C. alone shall apply to the contract, with the exception of any other document, including in particular catalogues or commercial proposals issued by the Company.

In the absence of the Company’s express acceptance, any condition imposed by the Client which is contrary to these G.S.C. will therefore be unenforceable against the Company, regardless of when it may have been brought to the Client’s attention.

Article 4: Essential characteristics of the goods offered

The products offered to the Customer appear in the catalogue published on the Site within the limits of available stocks and subject to the proper functioning of the Site.

Each product offered on the Site is the subject of a summary presentation indicating its name, quantity, price, description and photograph.

The photographs of the products are provided for information purposes only and do not form part of the contract unless they are very precise and relate to essential elements. In addition, the Company cannot be blamed for minor variations between the photograph and the product delivered insofar as they do not relate to the essential elements of the Products concerned.

In the event of errors, the Company may not be held liable under any circumstances.

 

Article 5: Duration and validity of the offer

The Company’s offers are only valid during the online presentation period and within the limits of available stocks.

In the event of unavailability of the product or stock shortage, which is the subject of the order, after the order has been placed, the Company will contact the Customer by e-mail as soon as possible to inform them of this.

The Customer will then have the option of

Cancel all or part of the order and be reimbursed for the corresponding price, if paid, within 30 days of the Company’s confirmation of the principle of reimbursement;
To accept the postponement of delivery pending the restocking of the said product, where this is possible;
To request the replacement of a product by another equivalent in terms of quality and price.

 

Article 6: User name and password

Any Customer who does not have a customer account must follow a registration procedure to obtain a customer account. At the time of the first order, a user name (valid e-mail address) and password are chosen by the Customer.

The user name and password serve as proof of the Customer’s identity and bind the Customer to all orders placed through them. They have the value of an electronic signature in accordance with the law of 13 March 2000.

The Customer is solely responsible for his/her user name and password and will bear the consequences of any fraudulent use by third parties who may have become aware of them, unless he/she can demonstrate that knowledge of this user name and password is the result of a direct fault on the part of the Company.

If the Customer forgets their password or user name, there is a function on the Site which enables them to retrieve their user name and have their password sent to the email address specified at the time of registration.

 

Article 7: Ordering

The Customer may place an order online from the online catalogue on the Site or by telephone on 01 42 61 41 46.

It is the Customer’s responsibility to enter their surname, first name and address in order to meet the conditions required by article 1316-4 of the French Civil Code relating to electronic signatures.

The information provided by the Customer when the order is placed is binding: in the event of an error in the recipient’s details, the Company cannot be held responsible for the impossibility of delivering the product.

All orders imply acceptance of the prices and descriptions of the products available for sale.

Orders are not final until they have been confirmed by payment of the price by the Customer.

 

Article 8: Registration, confirmation and dispatch of the order

All orders are simultaneously summarised before the customer is invited to confirm their order, indicating their choice of delivery address and method of payment.

The customer is then invited to confirm their order.

Once this operation has been completed, the order is automatically recorded and becomes firm and definitive, subject to the reservation set out in the following paragraph.

Any order with a choice of payment by bank card is only considered effective once the payment centres concerned have given their agreement.

In the event of refusal by the said centres, prior to dispatch, the order will be automatically cancelled, without any compensation being payable by the Customer, who will be notified by e-mail.

No order in the process of being dispatched may be cancelled. Conversely, any request for cancellation and, where applicable, reimbursement by the Client prior to the order being processed must be honoured within a reasonable time by the Company.

The Company expressly reserves ownership of the goods delivered and referred to in these general terms and conditions of sale until full payment of their price in principal and interest.

Article 9: Validity of the order

The customer account as specified in Article 6 hereof is personal.

In all cases, the online provision of the bank card number and the final validation of the order shall constitute proof of the completeness of the said order in accordance with the provisions of the Law of 13 March 2000 and shall constitute payment of the sums involved in the order.

This validation shall constitute signature and express acceptance of all operations carried out on the Site.

However, in the event of fraudulent use of the customer’s bank card, the customer is invited to contact Customer Services by e-mail using the Contact form.

Computerised registers, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

It is expressly agreed that, except in the event of an obvious error on the part of the Company, the data stored in the Company’s information system shall have evidential value with regard to orders placed by the Customer. Data on computer or electronic media constitute valid proof and as such are admissible under the same conditions and with the same evidential value as any document drawn up, received or kept in writing.

The Customer may at any time access this data listed in his Customer account and may obtain any information he wishes concerning this data from Customer Services by e-mail on the Contact page.

Order forms and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.

 

Article 10: Prices

Prices are expressed in euros.

The prices indicated on the product sheets do not include delivery costs.

The delivery costs on the day of the order are indicated on the Site and at the latest before the Customer sends an order.

The total price including VAT indicated in the order confirmation is the total price of the order entered, expressed inclusive of all taxes and including VAT.

This price includes the price of the products and transport costs.

 

Article 11: Payment

When entering the order, the Customer may pay for his/her purchases :

By credit card (CB – Visa – Mastercard)

No delivery will be made without confirmation of the order as stipulated in Article 8 hereof.

The invoice will be sent by e-mail to the address given in the user account. The Customer may at any time consult his/her personal account and access his/her orders.

No delivery may be made without confirmation of the order as stipulated in Article 8 hereof.

Article 12: Delivery

12-1- Conditions

The order cannot be dispatched without full payment of the goods and transport costs.

There can be no delivery for orders to be collected in the shop.

 

12-2- Delivery times

Delivery is made in Metropolitan France, Corsica and Monaco within the time indicated when the order is placed, depending on the delivery method chosen.

The deadline is met either by delivering the product directly to the address indicated by the recipient or, in the event of absence, by delivering a notice of availability to the recipient’s letterbox.

In the case of perishable goods, we advise customers to collect their parcel within 24 hours if they are absent at the time of delivery. We accept no responsibility for any parcel not collected after this time.

In the event of a delay, a form will be available to customers in the Contact section of the website. A reply will be given within 24 hours and a solution will be found on a case-by-case basis.

Marquise de Sévigné cannot be held responsible for a delay in delivery or an impossibility to deliver, linked to erroneous or incomplete information provided by the customer concerning the delivery of the order.

In any case, in accordance with legal provisions, in the event of a delay in delivery of more than 7 days and not due to a case of force majeure as specified in article 18 hereof, the Customer will have the possibility of cancelling the order within a period of 60 working days from the date indicated for delivery. In this case, if the Customer has received the product after the cancellation, the Company will reimburse the product and the costs incurred by the Customer.

12-3- Costs

Transport costs are not included in the price of the products indicated on the Site. These costs vary according to the place of delivery and the day of delivery chosen by the Customer.

The precise amount of these costs is indicated in the order summary before confirmation and payment of the order.

12-4- Liability

The Company shall not be held liable for late delivery in the event of incorrect or incomplete delivery details, or in the event of force majeure as defined in Article 18 hereof.

The Company will inform the Customer by any appropriate means of the existence of an event of force majeure in order to allow the Customer to withdraw from the order by simply replying by post.

In the event that a delivery address is incomplete or imprecise, the Company reserves the right to contact the recipient directly by telephone in order to complete the missing delivery information with the recipient, provided that the telephone number is not incorrect and the recipient is available.

Orders indicating a P.O. Box address cannot be taken into account and processed.

 

Article 13: Right of withdrawal

In accordance with the provisions of article L. 121-16 of the French Consumer Code, the Customer has a withdrawal period of seven clear days from the date of receipt of the products ordered to return them, at his or her own expense, to the following address: Côte de France – 25, avenue de l’Opéra – 75001 Paris – 01 42 61 41 46

If the right of withdrawal is exercised, the Customer will be reimbursed for the sums paid, with the exception of the return costs, within a maximum period of 30 days following receipt of the returned products by bank transfer or cheque.

However, in accordance with the provisions of article L 121-20-2 3° of the French Consumer Code, the Customer has no right of withdrawal for perishable goods, in particular for ganaches and, consequently, all boxes of chocolates containing ganaches.

No retraction will be accepted if the returned product is unfit for sale.

However, and in accordance with the provisions of article L 121-19 of the French Consumer Code, the purchaser may submit his/her complaints to the following address Côte de France- rue du pont du péage – 67118 GEISPOLSHEIM in accordance with Article 16-1 hereof or also via a form in the contact section of the website.

 

Article 14: Confidentiality

The Company makes every effort to ensure the confidentiality and security of data transmitted over the web. To this end, the LCL bank’s partner Site uses a secure SSL (Secure Socket Layer) payment module.

 

Article 15: Personal data

By ordering via the Site, the Customer consents to the use of the personal data that he/she has communicated or that is collected via the operation of the Site. This information is essential for processing orders.

In accordance with the provisions of law no. 78-17 of 6 January 1978 relating to information technology, files and civil liberties, the Customer has the right to access, rectify or object to the personal data collected concerning him/her at any time.

These rights may be exercised by post to the following address Côte de France- rue du pont du péage – 67118 GEISPOLSHEIM Tel: 03 88 55 04 83

Unless the Customer expressly objects, the Company may use the Customer’s e-mail address to send messages about the Company’s products and services.

Any request for additional information relating to this Article must be sent to Customer Services using the form: Contact.