TERMS AND CONDITIONS OF SALE
CHOCORONCENAY is engaged in the retail sale of chocolates marketed under the “Cluizel” brand name. In order to better meet its customers' expectations, CHOCORONCENAY has decided to introduce electronic distance selling (Internet) of certain products. The list of items offered for distance selling can be consulted on the https://cluizel.com/.Le website. This system, which assumes an active approach on the part of the customer, complies in all respects with the requirements for distance selling, and in particular with articles L. 111-1, L.113-3 and L. 121-18 et seq. of the French Consumer Code.use of the distance selling process described in these general terms and conditions of sale is reserved solely for consumers, as defined by law and jurisprudence, acting exclusively on their own behalf and with full legal capacity to contract.orders placed via this distance selling process must be intended solely for the personal use of the recipient of the products, which excludes any resale of said products to third parties. In this respect, works councils and local authorities may not place orders via the website.
The present general terms and conditions of sale apply to all sales of products made via the https://cluizel.com/ website, for delivery in mainland France (including Corsica) and in member states of the European Union. In accordance with the provisions of article 1369-4 of the French Civil Code, these general terms and conditions of sale may be retained by any person visiting the https://cluizel.com/ website, by means of a computer record, and may also be reproduced by the customer, by means of a printout. These general terms and conditions of sale will be applicable for as long as they appear on the https://cluizel.com/ website. These terms and conditions of sale are subject to change. It is therefore understood that the applicable conditions are those in force on the site at the time the order is placed on the https://cluizel.com/ site. In the event that, subsequent to the date of their removal from the site https://cluizel.com/ and their replacement, these general conditions of sale remain accessible to the public via other Internet sites or by any other means, they will no longer be enforceable against the company CHOCORONCENAY.
CHOCORONCENAYSociété par actions simplifiée, with capital of 175,000 euros, registered with the Evreux Trade and Companies Register under number B 529 149 270Head office: 7 Avenue Michel Cluizel - Damville - CS 50026 27240 LE MESNILS SUR ITON VAT: FR45529149270
Information relating to all items that may be sold via the https://cluizel.com/ website is available on the website itself, and complies with the requirements of current laws and regulations, in particular articles L. 111-1 and L.113-3 of the French Consumer Code and the ministerial order of December 3, 1987 “relating to consumer information on prices”. The photographs, graphics and descriptions of the products and their packaging offered for sale are indicative only and are not binding on CHOCORONCENAY. Customers may obtain further information by contacting the company CHOCORONCENAY by email at damville-en-ligne@cluizel.com or by telephone at the following number: 02.32.35.20.75In case of error between the characteristics of items and their representation, the company CHOCORONCENAY can not be held liable. CHOCORONCENAY guarantees the quality of all the chocolates it sells on the https://cluizel.com/ website. These chocolates are manufactured in accordance with a “Quality Commitment”.
4.1 Internet orders Orders are placed via the Internet on the https://cluizel.com/ merchant site. The customer is responsible for all telecommunication costs incurred when accessing the Internet and using the https://cluizel.com/ website. In order to purchase a product for the first order, the customer must open a customer account and complete an order form specifying certain mandatory fields so that his selection can be taken into account by the company CHOCORONCENAY. In the event of prolonged inactivity during the connection, it is possible that the selection of the articles chosen before this inactivity is not guaranteed any more. The customer will be invited to resume his selection of products from the beginning. In accordance with the provisions of article 1369-4 of the French Civil Code, all the stages necessary for the sale are specified on the https://cluizel.com/ website. In application of the provisions of article 1369-5 of the French Civil Code, the customer has the possibility, before definitively validating his order, to check the details of his order and its total price, and to correct possible errors, before confirming it to express his acceptance. From the moment the customer has validated his order, the company CHOCORONCENAY acknowledges receipt thereof without delay (unless justified) and by electronic means in accordance with Article 1369-5 of the Civil Code. However, the sale will only be considered definitive after CHOCORONCENAY has sent the customer confirmation of the order, specifying that the items have been dispatched. 4.2 Variable stocks depending on the seasonality of the products and the raw materials used The products offered on the https://cluizel.com/ website are only available while stocks last, taking into account the seasonal nature of the products and the raw materials used. In the exceptional event that all or part of an order cannot be delivered, the order will be reimbursed within 15 days. The customer will be contacted by telephone and invited to place the order again. 4.3 Refusal of orders The company CHOCORONCENAY is entitled to refuse any abnormal order or order placed in bad faith. In addition, the company CHOCORONCENAY is entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. Such refusals would in fact meet a “legitimate reason” within the meaning of article L.122 1 of the French Consumer Code.
The prices of items are expressed in euros and include all taxes. VAT is applied at the rate in force at the time the order is placed and according to the country of delivery in compliance with the e-commerce VAT reform in force since July 1, 2021. The product prices indicated on https://cluizel.com/ are exclusive of shipping costs, delivery charges, the price of certain packaging or the price of other optional services subscribed to by the Internet user, which remain extra. These will be communicated to the customer before the order is validated. In accordance with the provisions of article L.121 19 of the French Consumer Code, the customer will receive written confirmation of the price paid for each item upon delivery, detailing the price of the items and the delivery charges to be paid by the customer.
Customers may pay for purchases by credit card or Paypal. Cartes Bleues, Visa, Mastercard (excluding E-Carte) issued on bank accounts domiciled in metropolitan France (including Corsica) and the European Union are accepted. CHOCORONCENAY guarantees the security of credit card payments by using the SSL encryption system and by using SOCIETE GENERALE for payment processing. The customer's credit card is debited at the time of order confirmation. To this end, the customer guarantees to the company CHOCORONCENAY, when ordering via the Internet, that he is the holder of the credit card and that the name appearing on the credit card to be debited is his, then communicates in a secure environment on the Internet, the sixteen-digit number and expiration date, appearing on the front of his credit card, and, where appropriate, the numbers of the visual cryptogram appearing on the back of his credit card, information that the company CHOCORONCENAY undertakes to keep strictly secret. In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums due by the customer, the Internet purchase process will be cancelled. In the case of anti-fraud controls aimed at securing its customers' transactions, CHOCORONCENAY will be entitled to ask the Internet user to provide one or more proofs of address and/or copy of identity card by e-mail or fax before validating the order. The order will not be final until CHOCORONCENAY has received these documents and sent the confirmation e-mail. In the absence of receipt of these documents or if they do not identify with certainty the identity of the author of the order and the reality of his address, the company CHOCORONCENAY reserves the right not to accept the order, without its responsibility can not be engaged in any way whatsoever. The company CHOCORONCENAY retains full ownership of items purchased by the user until the user has fulfilled all its obligations and in particular until full payment of the price, if any plus interest.
Items may only be delivered to: Metropolitan France (including Corsica), other European Union member states. Switzerland and England for countries outside the European Union. Items will be delivered to the delivery address indicated by the customer at the time of ordering. This address must be within the territories defined above. Outside these territories, the customer will not be able to proceed with the order. The customer has the option of having the items delivered to one of the natural persons of his choice whose home is located in the territories defined above, as part of the “Gift” service set up by the Company CHOCORONCENAY. It is understood that no delivery can be made to hotels or post office boxes. In the event that the customer has indicated an incorrect address or an incomplete address at the time of ordering, which does not allow delivery of the products, the latter will not be reimbursed and the products ordered and the cost of re-shipment will be charged to the customer, unless the customer does not wish re-shipment. In accordance with the provisions of article L.121-20-3 of the French Consumer Code, the customer is informed, before the conclusion of the contract, of the deadline by which the company CHOCORONCENAY undertakes to deliver the article. The company CHOCORONCENAY will deliver the items ordered by Coliposte for any shipment < 30kg, and by carrier for any shipment > 30kg, in a parcel made with care and recognized know-how. CHOCORONCENAY reserves the right to delay shipment of an order by 72 hours if this allows the order to be complete, depending on available product stocks. Product orders on the https://cluizel.com/ website are dispatched from Monday to Thursday (excluding Fridays) no later than three days after the order is registered on the website, excluding public holidays. In the event of climatic conditions unfavorable to the shipment of products (high temperatures or heatwave at the place of departure of products in particular), the company CHOCORONCENAY is entitled to refuse or delay orders. In this case, a message will appear on the site and customers will be duly informed. The customer can be informed, in real time, of the status of the delivery of his order on the website of the transport provider which will be communicated to the customer when the order is placed. If, on delivery, the external appearance of the parcel is not perfect, the customer must open it in the presence of the carrier in order to check the condition of the article. In the event of damage to the article, the customer must detail this precisely on the delivery note, with the provisions of articles 9 and 11 below remaining applicable. Additional information on the logistical arrangements for delivery of the products sold is available on the https://cluizel.com/ website, which the customer is invited to consult. This information is repeated in the order confirmation sent to the customer, so that the latter is well informed of the reservations to be noted in the event of damage to the package. If no reservations are made at the time of delivery, no compensation will be accepted. 7.1 : Additional charges for UK deliveries All orders to the United Kingdom valued at over €150 (approx. £135) are subject to customs clearance. Customs fees (VAT and clearance fees) are the responsibility of the recipient at the time of delivery. CHOCORONCENAY will not be responsible for any additional charges.
8.1 : Perishable nature As the products sold by CHOCORONCENAY are perishable in nature, they may not be the subject of a right of withdrawal, in accordance with article L.121-20-2-3° of the French Consumer Code. 8.2 : Product packaging and storage conditions Given the fragility of the products and their perishable nature, it is not advisable to place an order in the event of climatic conditions at the place of delivery that are unfavorable to the proper conservation of the products (high temperatures or heatwave at the place of delivery of the products in particular). The company CHOCORONCENAY can in no way be held responsible for damage that may affect the products in case of delivery in a region subject to high temperatures. The company CHOCORONCENAY will take all necessary care in the preparation of packages. Additional information on the packaging of the products sold is available on the https://cluizel.com/ website, which the consumer is invited to consult. The customer is solely responsible for the proper storage and use of the products purchased from https://cluizel.com/. The company CHOCORONCENAY cannot be held responsible for any damage to products due to poor conservation or late delivery by a third party or the customer himself or for any consumption of products after their UBD (use by date) indicated on the product packaging.
The company CHOCORONCENAY is bound, for all products sold on its site, to the application of legal guarantees of conformity (Articles L.211-4 to L.211-14 of the Consumer Code) and latent defects (Articles 1641 to 1649 of the Civil Code) under the conditions provided by law. The customer must ensure that the items delivered correspond to the order. In the event that the items delivered do not correspond to the order, the customer must inform the company CHOCORONCENAY, immediately and at the latest within 72 hours of delivery, by email to damville-en-ligne@cluizel.com. The customer then has a period of eight days from delivery to make any reservations or claims for non-conformity or apparent defects of the products delivered, by registered letter with acknowledgement of receipt, with all supporting documents. Once this period has elapsed and if these formalities have not been complied with, the products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the company CHOCORONCENAY. This information is indicated on the delivery note inserted in the delivered parcel. For reasons of hygiene and food safety, perishable goods will not be returned or exchanged. Nevertheless, the company CHOCORONCENAY will replace as soon as possible and at its expense, the products delivered whose apparent defects or defects of conformity have been duly noted by the company CHOCORONCENAY. Reminder of articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, and articles 1641 and 1648, first paragraph, of the French Civil Code: “Article L.211-4 of the French Consumer Code: The seller is required to deliver goods in conformity with the contract, and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.” “Article L.211-5 of the French Consumer Code: To conform to the contract, the goods must: 1° Be fit for the purpose ordinarily expected of similar goods and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, notably in advertising or labelling ; 2° Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.” “Article L.211-12 of the French Consumer Code: The action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods.” “Article 1641 of the French Civil Code: The seller is bound by the warranty for hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them. “Article 1648 of the French Civil Code, first paragraph: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
For any information, complaint or question relating to the conditions of mail order sales set up by the company CHOCORONCENAY or to the articles themselves, customers should contact the Customer Relations Department of the company CHOCORONCENAY: 7 Avenue Michel Cluizel - DAMVILLE - CS 50026 - 27240 MESNILS SUR ITON/ 02.32.35.20.75 (price of a local call) and/or e-mail: damville-en-ligne@cluizel.com, systematically quoting their order number and enclosing the Delivery Note.
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements the processing of personal data, the purpose of which is the sale and delivery of products and services defined in this contract. The Buyer is hereby informed of the following: the data controller is CHOCORONCENAY, whose registered office is located at 7 Avenue Michel Cluizel, Damville - CS 50026 in (27240) Mesnils-sur-Iton: the Seller, as indicated at the top of these GTS; the legal basis for the processing is consent for the collection of personal data via the online sales site and contractual performance for other processing; the recipients of personal data are the seller's departments and subcontractors involved in delivery and sales operations, as well as any authority legally authorized to access the personal data in question. The data will not be transferred outside the EU; the data will be kept for 1 year; the data subject has the right to ask the data controller for access to, rectification or erasure of, or restriction of the processing of personal data relating to him or her, or the right to object to the processing and the right to data portability by sending a request by e-mail to mesdroits@cluizel.com; The data subject has the right to lodge a complaint with a supervisory authority. The information requested at the time of ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
The “CLUIZEL Paris” brand and logo are protected by intellectual property rights. Any total or partial reproduction, modification or use of this trademark or logo for any reason and on any medium whatsoever, without the express prior consent of CHOCORONCENAY, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and patents which are the property of CHOCORONCENAY.
The performance by CHOCORONCENAY of all or part of its obligations shall be suspended in the event of the occurrence of an act of God or force majeure which hinders or delays performance. Are considered as such, in particular, without this list being restrictive, war, riots, insurrection, social unrest, strikes of all kinds and in particular those affecting transport, and supply problems of the company CHOCORONCENAY. The company CHOCORONCENAY will inform the customer of any such fortuitous event or force majeure within seven days of its occurrence. Should this suspension continue beyond a period of fifteen days, the customer would then have the option of cancelling the order in progress, and would then be reimbursed by credit card or Paypal (the company would re-credit the account debited for the purchase).
The present terms and conditions of sale are governed exclusively by French law. Any dispute arising from the interpretation or execution of these terms and conditions of sale and its consequences shall be submitted to the exclusive jurisdiction of the French courts.
Loyalty points are accumulated for each purchase. For every 1 euro spent, you earn 1 point. Every 200 points, 1 loyalty voucher of 10€ is triggered. It can be used in 1 instalment, within 3 months, with a minimum purchase of 15 euros. Only one voucher per order. Vouchers cannot be accumulated. They can be used in conjunction with any other discount or promotional offer.