General Terms of Sales
1.1. General Terms of Sale
These general terms of sale are brought to the attention of each client in order to enable him to place an order.
1.2. Customer Agreement
Consequently, placing an order implies the complete understanding and acceptance of the general conditions of sale by the customer.
1.3. Special conditions
No special condition, or any other special conditions originating from the client, may prevail over the present terms and conditions without special consent from La Maison du Chocolat.
Any contrary condition proposed by the client will be, in the absence of express acceptance, unenforceable for La Maison du Chocolat at whatever time it was brought to their attention.
1.5. Application of the general conditions of sale
La Maison du Chocolat not claiming reliance at any time on any of the general terms of sales, should not be construed as an abandonment of any future reliance on any such terms of sales.
2.1. Order form
The client commits to complete the order form accurately and fill in the different sections (his address, delivery address, method of payment…).
2.2. Order validation
Each order to be placed is subject to approval by La Maison du Chocolat. La Maison du Chocolat reserves the right to refuse any order due to insufficient stock, incomplete customer information, or for any other legal reason. We commit to inform within two (2) business days following placement of your order if we cannot fulfil your order.
2.3. Right of cancellation
The right of cancellation of 14 days is not applicable to perishable products such as chocolate. The client may not make use of this right. Cancellation by the client may be accepted in the event the parcel is being prepared.
2.4. Exchange and refund
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt of the customer's request.
The prices listed on the order form are in Euros after tax, from our facility in Nanterre. The French VAT rates of 5,5% for dark chocolate products and 20% for milk chocolate products apply to orders to be delivered to mainland France, Corsica and the European Union. La Maison du Chocolat may freely change the prices.
3.2. Shipping charges
The prices do not include delivery charges. Delivery charges depend on the country of destination, the weight and the volume of the parcel. They include a contribution to the cost of the preparation of the parcel and transportation costs. For more information about these charges, you may contact us.
3.3. Import Taxes
There is no import tax in the countries of the European Union. For other countries, La Maison du Chocolat pays the import taxes and customs duty.
4.1. Payment methods
Payment on line is made by credit card or Paypal. For this reason, there are neither discounts nor penalties for late payments, with the exception of several large Corporate accounts authenticated by La Maison du Chocolat; for these accounts the payment will be paid upon receipt of an invoice. For these orders, a duplicate will be downloaded upon order confirmation on the site. The invoice will be send by messenger.
4.2. Transaction currency
The currency used for transactions is the Euro. The amount, charged to the account of the credit card, will vary with the exchange rate of the Euro on the day of the debit and possible exchange rate fees may be charged by the issuer of the credit card.
4.3. Conditions of shippability
In order to be registered, the order must be paid in its entirety. Unpaid orders will not be shipped.
4.4. Payment security
Online payments are made in euros, either by credit card (Visa, MasterCard, American Express, JCB) or by Paypal.
When processing your payment transactions on the lamaisonduchocolat.com site, our partner ADYEN is fully compliant with the PCI DSS 3.2 standard as a level 1 service provider, which is the key security standard in the payments sector, and is compliant with the ISAE3402/SOC 1 standard (Service Organizational Control 1), which evaluates and tests the internal controls relating to the financial information of a service organization. In addition, as a principal member and approved acquirer of Visa and MasterCard, Adyen also adheres to the card schemes' operating rules. Adyen is subject to annual audits by Visa, MasterCard and the banks it works with.
The invoice of the order placed on the website is available in the rubric "My Account".
Product and service availability is indicated on the website. Availability is definitive once the order is placed. La Maison du Chocolat cannot be held responsible for product unavailability in the shipment as long as the client has been notified before delivery.
6.1. Preparation and delivery of products
Parcels are prepared and packed by La Maison du Chocolat in a sealed, shock resistant package, which protects the contents during transportation.
6.1.2. Recipient's details
The client is responsible that the information provided such as the name and address of the recipient be precise, accurate and complete (door code, floor, telephone number…) to enable proper delivery. La Maison du Chocolat cannot be held responsible for a returned shipment if it is due to an error of the address information provided or inability to deliver to the address as indicated.
In the event of an error in the contact information of the recipient or in the event the recipient is unavailable, La Maison du Chocolat will not be held responsible for failure to deliver the order. La Maison du Chocolat will contact the client, and if the client agrees, will arrange for a new order to be sent at the client’s expense including the cost of the products and shipping costs.
6.1.3. Incorrect addresses
PLEASE NOTE : Orders addressed to a Post Office Box cannot be accepted.
Following confirmation of the order, La Maison du Chocolat undertakes to process and ship the order to the requested address, via a carrier chosen by the client. La Maison du Chocolat will insure the goods up to delivery; however, it is up to the customer to verify the parcel in the presence of the delivery agent. Any discrepancy on delivery must be noted on the delivery slip. If this clause is not respected, no reimbursement process for obtaining credit from the carrier will be initiated.
6.1.5. Absence of the recipient
In the case of the absence of the recipient or someone else who could accept the order at the time of delivery, the shipper will leave the package in the mailbox of the recipient if the size permits. Otherwise, the shipper will leave an attempted delivery notice for the client to contact the shipper as soon as possible. Under no circumstances, will La Maison du Chocolat be held responsible for the possible damage to the products due to the delayed pick up from the shipper.
6.1.6. Orders preparation
The logistics center for the preparation of the orders delivered to private residences is at the following address:
La Maison du Chocolat - 41- 43, rue Paul Lescop - 92000 Nanterre.
This logistics center handles the orders delivered to the following countries: Germany, Andorra, Austria, Belgium, Canada, Denmark, Spain, France, Finland, Ireland, Italy, Lichtenstein, Luxembourg, Monaco, Norway, Netherlands, Portugal, Sweden, Switzerland and the Vatican.
The boutique on line does not deliver to the overseas departments.
On an exceptional basis, one of the Parisian boutiques could be tasked with preparing and shipping an order.
6.1.7. Force majeure
La Maison du Chocolat cannot be held responsible if the package has not been delivered for the following causes: "force majeure" as described by the tribunals and natural disasters.
6.2. Delivery Times
6.2.1. Delivery date
Delivery times depend on the country of destination and the method of delivery. By default, the site of La Maison du Chocolat proposes the earliest delivery date. The client may choose a later date that the one proposed by the site.
6.2.2. Guarantee conditions
The delivery date is guaranteed:
- except for a force majeure,
- except in the case of strike by the shippers,
- provided that the delivery address is precise, accurate and complete,
- provided that the recipient of the order is present at the time of delivery.
Delivery times depend on the selected shipper and the period of the year.
7.1. Transfer of ownership
The transfer of ownership of the products to the customer only takes effect after the customer has paid the price in full.
7.2. Transfer of risk
La Maison du Chocolat insures the risks of loss and damage to the products up to the delivery of the said products to the addressee. The transfer of risk is therefore made from the time the addressee has acknowledged receipt of the products.
8.1. Complaints and disputes
Complaints or disputes will always be received with attentive goodwill, with the good faith of the person who has taken the trouble to set out the claim always being presumed.
8.2. Conformity of the delivery
Upon reception of the products, the customer must always check that the delivery is in conformity with his order. Any damage must be noted accurately, dated and signed on the delivery note.
8.3. Time limit for complaints
Any claims must be made within a maximum time of 15 days after reception, to the Customer Service department of La Maison du Chocolat:
- by mail: La Maison du Chocolat - 41 / 43 rue Paul Lescop - 92000 Nanterre –FRANCE
- by email via the form located in the heading "Contact us"
- by phone Monday to Friday from 9am to 5pm at 1 55 51 83 18.
8.4. Supporting documents
The reason for the claim must be stated and accompanied by evidence justifying the loss incurred (transport document, photo of the package…). After analysis and acceptance of the complaint by La Maison du Chocolat, the client will be offered a goodwill gesture (reimbursement of shipping, shipping the product at the expense of La Maison du Chocolat...).
In case of a dispute, the client should first contact the Customer Service of LA MAISON DU CHOCOLAT in order to solve it amicably. If this approach fails, the client can resort to the online mediation service of CMAP (Centre de Médiation et d'Arbitrage de Paris) accessible at the following URL address: http://www.cmap.fr/ or at the following postal address: CMAP (Service Médiation de la Consommation) - 39 avenue Franklin D. Roosevelt - 75008 Paris.
In order for the referral to CMAP to be admissible, it must include: Your postal, email and telephone contact details as well as the full name and address of our company, a brief statement of the facts, and proof of the prior steps taken.
In accordance with the rules applicable to mediation, we remind you that a consumer dispute must be submitted in writing to the Customer Service of LA MAISON DU CHOCOLAT before any request for mediation to the CMAP.
The mediator cannot review disputes for which the request is obviously unfounded or abusive, or which have been previously examined or are being examined by another mediator or by a court, or if the consumer has introduced his request to the mediator more than one year after his written complaint to LA MAISON DU CHOCOLAT or if the dispute does not fall within the scope of the mediator's competence, or if the consumer does not justify having tried to solve his dispute directly with LA MAISON DU CHOCOLAT by a written complaint according to the terms of the contract.
9.1. Return times
Any return of a product must be formally agreed between La Maison du Chocolat and the customer and be returned within 3 days of the agreement. After this period, no returns will be accepted.
Any return accepted by La Maison du Chocolat because of a visible fault or the non conformity of the products delivered ascertained by La Maison du Chocolat will enable the customer to receive a free replacement or the restitution of a credit note in his favour, with the exclusion of any other form of indemnity or the payment of damages.
10.1. Data controller
La Maison du Chocolat, as data controller, implements the processing of personal data.
10.2. Processing of personal data
In accordance with the law of 6 January 1978 relating to information technology, files and freedoms, and the provisions of the European regulation 2016/679 on the protection of personal data, you are informed that La Maison du Chocolat, as the data controller, implements the processing of personal data for the following main purposes:
- The execution of these GTC;
- The management of purchases;
- The management and follow-up of your order;
- The administrative relationship of the contractual relationship,
- The management of commercial and promotional operations and advertising;
- Customer protection.
The legal basis for this processing is the necessity to execute a contract, the respect of legal and regulatory obligations, the legitimate interests pursued by the data controller.
10.3 Data used
Concerned about the protection of your private life, La Maison du Chocolat treats all information concerning you with the strictest confidentiality. The personal data used are those requested at the time of your purchase (surname, first name, full address, telephone, e-mail) for quality processing and careful follow-up of your order. These data entered online are recorded on a secure server and are immediately encrypted.
10.4. Recipients of the data
The data is intended for the authorised departments of La Maison du Chocolat as well as for any service providers and subcontractors of the latter and more generally for all third parties with whom La Maison du Chocolat may have commercial or contractual relations.
10.5. Duration of storage
Your personal data is kept for variable periods of time depending on the purpose for which it was collected:
- Personal data processed for contract management purposes: the entire duration of the contractual relationship, plus the duration of legal requirements. The limitation period under common law in civil and commercial matters is five (5) years from the end of the contract;
- Personal data processed for the purpose of prospecting customers: three (3) years from the end of the contract;
- Personal data processed for accounting purposes: the current financial year plus ten (10) years from the end of the financial year;
- Personal data processed for the purpose of data protection rights management: the entire duration of the processing of the request, i.e. one (1) month, except for an additional two (2) months, increased by the applicable limitation periods;
Where required by the regulations, these periods may be longer. Furthermore, it is specified that in the event of the collection of personal data for several purposes, the data will be kept until the longest retention or archiving period has expired.
10.6. Your rights
In accordance with the legislation applicable to the protection of personal data, you have the right to access and rectify, delete, oppose, portability of information concerning you, and the right to limit processing.) To exercise these rights, you can contact us:
By email: firstname.lastname@example.org
By post: La Maison du Chocolat - 41, rue Paul Lescop - 92000 NANTERRE
By telephone: 0033 (0)1 55 51 83 18
You also have the right to define general and specific directives defining the way in which you intend these rights to be exercised after your death.
If necessary and for more information or if you have any concerns about your rights, you can contact the DPO at this address: email@example.com .
You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (Cnil), the French supervisory authority responsible for compliance with obligations relating to personal data.
10.7. Our duties
We also include the Robinson list and its Internet equivalent, the e-Robinson list, lists of persons who do not wish to receive advertising mail.
The expiry date of our chocolates is indicated under each box. Keep in mind that our gift boxes have a shelf life of 8 days to 46 days maximum depending on the type of chocolate you have selected. Therefore, in order to best appreciate our chocolates, we advise you to choose the delivery date that is the closest to the date of consumption.
La Maison du Chocolat guarantees the quality and freshness of its products if they are stored in a cool place (14 to 18°C), away from light.
Under no circumstances may the customer sell the products which are intended for his personal use or that of the person to whom his order is addressed.
The photographs present on the site are non-contractual.