GENERAL TERMS AND CONDITIONS OF SALE

1.    FOREWORD

These General Terms and Conditions of Sale (the “T&Cs”) govern legal operations concerning the sale of products, by Mademoiselle de Margaux SAS, to its customers through its online shop.

2.    DEFINITIONS

The words or expressions listed below shall have the following meanings for the purposes of these T&Cs:

2.1. Online Shop: the website of Mademoiselle de Margaux SAS, through which the Products are presented and sold to customers.

2.2. Order: the contract of sale between Mademoiselle de Margaux SAS and the Customer using the Mademoiselle de Margaux SAS Online Shop.

2.3. Product Factsheet: the product-related information supplied by Mademoiselle de Margaux SAS when the Product is listed for sale in its Online Shop.

2.4. Product: any good or service listed for sale by Mademoiselle de Margaux SAS in its Online Shop.

2.5. Service: the sale of Products, by Mademoiselle de Margaux SAS, to customers of its Online Shop.

2.6. Transaction: all operations, secure processing, authorisations and agreements involved in the payment of the price of the Products ordered by credit/debit card.

3.    PURPOSE

These T&Cs set out the terms and conditions under which Mademoiselle de Margaux SAS offers and sells its Products to its customers.

4.    ACCEPTANCE OF THE T&Cs

4.1. These T&Cs shall prevail over all other terms and conditions appearing in any other document, unless express, prior consent is otherwise given in writing.

4.2. These T&Cs are brought to the attention of the Customer in order to enable him/her to place an order.

4.3. The Customer duly acknowledges that he/she has read these T&Cs prior to placing an order, and hereby declares that he/she accepts the terms and conditions herein in their entirety and without reservation.

4.4. Where Mademoiselle de Margaux SAS chooses not to enforce any of the provisions of these T&Cs at a given point in time, such action may not be interpreted as a waiver of its right to enforce any such provisions at a future date.

5.    ORDER PLACEMENT AND CONFIRMATION

5.1. The information held in the automatic recording systems shall be considered proof of the nature, content and date of the Order.

5.2. Mademoiselle de Margaux SAS shall inform the Customer that his/her Order has been accepted by sending a confirmation message to the email address supplied by the Customer. The formal contract of sale shall only be established at the point of which such confirmation email is sent.

5.3. Mademoiselle de Margaux SAS reserves the right to refuse or cancel any order with a clearly abnormal, or upon the occurrence of unpaid invoices due to fraudulent use of a bank card or other means of payment.

5.4. The Customer undertakes to complete the order form accurately and to complete all required sections (address, delivery address and payment method). The Customer shall bear exclusive liability for the information that he/she provides when placing the Order.

5.5. As such, Mademoiselle de Margaux SAS may not be held liable for any errors in the Order recipient contact details provided by the Customer (delivery address and billing address in particular), and for any delays or non-delivery of the ordered Products as a result of such errors.

6.    PRICES

6.1. The prices indicated on the order form are quoted in euros, inclusive of taxes, dispatched from our premises. The prices are subject to French Value Added Tax (VAT), applied at a rate of 5.5% for dark chocolate products and 20% for milk chocolate products. This tax shall be applied to orders for shipment to mainland France, Corsica and European Union Member States.

6.2. The prices indicated on the Product Factsheets do not include transport costs. Delivery charges shall be billed in addition to these prices. The delivery charges shall be dependent on the shipping address and on the weight and volume of the parcel. These charges include a contribution to the picking and packing costs, and to the transport costs per se. For more information on these prices, please contact us. The delivery charges shall be mentioned specifically on the order summary and in the order confirmation email.

6.3. Import tax: no import tax is chargeable in European Union Member States. For other countries, where applicable, the Customer undertakes to pay all current and future taxes, duties and other charges due in connection with the delivery of the products, upon receipt thereof. Under no circumstances may Mademoiselle de Margaux SAS be held jointly liable for such taxes, duties and other charges.

6.4. Mademoiselle de Margaux SAS reserves the right to amend the price of its Products at any time, and without notice; such amendments shall have no impact on Orders that Mademoiselle de Margaux SAS has accepted prior to their entry into force.

7.    PAYMENT

7.1. The price billed to the Customer shall be the price indicated on the Order confirmation issued by Mademoiselle de Margaux SAS.

7.2. The price shall be payable in cleared funds, online, by credit/debit card or via PayPal, on the date on which the Order is placed; such payment shall be made in accordance with the instructions provided during the order approval process. The Customer may also make payment by cheque. In such an event, the Order shall only be shipped once the cheque has been received by Mademoiselle de Margaux SAS.

7.3. The transaction shall be conducted in euros. The amount debited from the credit/debit card shall be dependent on the euro exchange rate on the date of such debit, plus any currency exchange fees charged by the issuing bank.

7.4. The Order approved by the Customer shall only be considered effective once the Customer has paid the price in full, once the secure bank payment centre has duly approved the transaction and, where applicable, once the insurer has duly accepted to cover the risk.

7.5. Mademoiselle de Margaux SAS uses the Merc@net secure payment system and therefore never has access to confidential information concerning the Customer’s payment details.

7.6. In order to process the payment, the Customer shall be required to provide his/her credit/debit card number and expiry date, along with the security code where applicable.

7.7. The Customer shall be required to provide his/her bank details when placing each Order, since only the bank selected by Mademoiselle de Margaux SAS to perform this financial transaction shall remain in possession of the above-mentioned confidential information.

7.8. To that end, the Customer hereby warrants Mademoiselle de Margaux SAS that he/she has any necessary permissions to use the payment instrument selected at the point of confirmation of his/her Order.

7.9. Where payment is refused by the bank, the Order shall be cancelled automatically and the Customer shall be notified by Mademoiselle de Margaux SAS.

7.10. Once payment for an Order has been processed, the Customer shall receive a summary invoice by email, including the Order reference number.

8.    PRODUCT UNAVAILABILITY

8.1. The majority of the products that Mademoiselle de Margaux SAS offers to its customers are available immediately in the Online Shop. However, not all products sold by Mademoiselle de Margaux SAS may be available online.

8.2. Product and service availability information is provided on the website for information purposes only. Such availability information shall only become definitive upon confirmation of the Order. Under no circumstances may Mademoiselle de Margaux SAS be held liable for the unavailability of a product in the delivery, where the Customer has been notified thereof prior to the delivery of his/her Order.

9.    COOLING OFF PERIOD

9.1. Pursuant to article L.121-21-8 of the French Consumer Code, the right to a seven-day cooling off period shall not apply to contracts for the supply of goods, where such goods have been opened by the consumer following delivery and cannot be returned for health or safety reasons, or to contracts for the supply of highly perishable goods such as chocolate. The Customer shall not therefore be entitled to the statutory cooling off period.

9.2. Nevertheless, the Customer shall be entitled to cancel the Order while the parcel is still being picked.

9.3. Once the parcel has been handed over to the carrier, the Order may not be cancelled and the price paid shall not be refunded.

10.  DELIVERY

10.1. Picking and shipping.

10.1.1. Mademoiselle de Margaux SAS shall pick and package the parcels in sealed, robust packaging suited to the contents of the parcel and transport conditions.

10.1.2. For Product availability reasons, an individual Order may be delivered in successive parcels under exceptional circumstances. In such an event, Mademoiselle de Margaux SAS shall bear all delivery charges associated with the shipping of the additional parcels.

10.1.3. Where the Customer requests that the Products be delivered to two separate addresses, he/she shall be required to place two separate Orders.

10.1.4. The Customer shall be responsible for providing precise, accurate and complete information regarding the name and address of the recipient (including door entry code, floor, telephone number, etc.), such that the parcel may be delivered under optimal conditions. Under no circumstances may Mademoiselle de Margaux SAS be held liable in the event that a parcel is returned because an incorrect address has been supplied or the carrier is unable to deliver to the indicated address.

10.1.5. Furthermore, Mademoiselle de Margaux SAS may not be held liable for the fact that a parcel could not be delivered due to an error in the recipient’s contact details or where the recipient is absent.

10.1.6. Where the recipient, or another person duly appointed to take possession of the delivered Products, is absent, the carrier shall leave an attempted delivery card:

  • The package may be taken to a collection point close to the recipient’s home address – in such an event, the attempted delivery card shall indicate the name and address of the collection point.
  • The carrier may also ask the recipient to contact it to arrange a new time to deliver the parcel, or ask the recipient to collect his/her parcel from a collection point close to his/her home address.

Under no circumstances may Mademoiselle de Margaux SAS be held liable for any damage to the Products as a result of their late collection from the carrier.

10.1.7. NB: Orders indicating a PO Box address shall not be accepted.

10.1.8. Once the Order has been confirmed, Mademoiselle de Margaux SAS undertakes to process and ship the Order to the agreed destination. Mademoiselle de Margaux SAS shall insure the goods up to the point of delivery. However, the recipient shall be responsible for checking the parcel in the presence of the delivery driver. Any problem observed at the point of delivery must be noted on the delivery note. Failing that, it shall not be possible to claim a refund from the selected carrier.

10.1.9. The logistics centre responsible for picking home delivery Orders is located at the following address: Mademoiselle de Margaux, 1 Route de l’Ile Vincent, 33460, Margaux, France. In exceptional cases, one of the Mademoiselle de Margaux shops may be responsible for picking and shipping the order.

10.1.10. Under no circumstances may Mademoiselle de Margaux SAS be held liable in the event that the Product is not delivered due to force majeure (as defined by the courts) and natural disasters.

10.2. Delivery lead times

10.2.1. The delivery lead times shall be dependent on the destination country and the delivery method. By default, the Mademoiselle de Margaux SAS website shall offer the earliest available delivery date. The Customer may select a date later than the date proposed by the website.

10.2.2 Mademoiselle de Margaux SAS works with two carriers:

  • Deliveries made between Monday and Friday are handled by DHL.
  • Deliveries made on Saturday are handled by TNT.

10.3. The Customer must notify Mademoiselle de Margaux SAS of any delay in delivery at the earliest possible opportunity; Mademoiselle de Margaux SAS shall then contact the carriers concerned to investigate the matter.

10.4. Receipt of the Products by the Customer

10.4.1. The delivery shall be deemed to have been completed once the Products are made available to the Customer by the carrier, as recorded in the control system used by the carrier. Where the parcel is recorded as having been delivered, no dispute shall be accepted with regard to the delivery itself; the carrier’s information system shall prevail in such respect.

10.4.2. Once the Order has been confirmed, Mademoiselle de Margaux SAS undertakes to process and ship the Order to the agreed destination. Mademoiselle de Margaux SAS shall insure the goods up to the point of delivery. However, the recipient shall be responsible for checking the conformity and integrity of the Products in the presence of the delivery driver. Any problem observed at the point of delivery must be noted on the delivery note. In this respect, the Customer shall provide full and accurate details of his/her reservations on the delivery note. Furthermore, pursuant to article L.133-3 of the French Commercial Code, all reservations must be confirmed, by registered post, to the carrier within three days of receipt. Failing that, it shall not be possible to claim a refund from the selected carrier. Any reservations of this type must also be reported to the Mademoiselle de Margaux SAS Customer Services Department, within the same time frame and in the same format. The contact details of the Customer Services Department may be found on the website. When submitting such a report, the Customer shall include a copy of the complaint sent to the carrier.

11.  TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

11.1. Ownership of the Products shall only be transferred to the Customer once he/she has paid the applicable price in full.

11.2. Mademoiselle de Margaux SAS shall insure the Products against loss and damage up to the point at which such Products are delivered to the recipient. The transfer of risks shall take place at the point at which the recipient acknowledges receipt of the Products.

11.3. Under no circumstances may Mademoiselle de Margaux SAS be held liable for any material damage, bodily injury or consequential financial loss resulting from the improper use of the sold Products.

11.4. In any event, Mademoiselle de Margaux SAS’s liability shall be limited to the total value of the Order. Where difficulties should arise in the application of this contract, the Customer and Mademoiselle de Margaux SAS reserve the right to seek an amicable resolution prior to the instigation of legal proceedings.

11.5. Failing that, for professional customers, the Commercial Court of Bordeaux shall have sole jurisdiction on such matters, irrespective of the place of delivery and accepted payment method.

12.  COMPLAINTS – DISPUTES

12.1. Mademoiselle de Margaux SAS shall always handle complaints or disputes with due care and attention, and shall presume good faith on the part of the person submitting such complaint or dispute.

12.2. The Customer must ensure that the delivery complies with his/her Order upon receipt of the Products. Where any damage is observed, accurate, signed and dated reservations must be noted on the delivery note.

12.3. Any complaints must be submitted at the earliest opportunity following receipt of the Order, to the Mademoiselle de Margaux SAS Customer Services Department:

  • By post, to: Mademoiselle de Margaux SAS, Customer Services Department, 1 Route de l’Ile Vincent, 33460, Margaux, France
  • By email, using the contact form in the “Contact” section of the website
  • By email to: contact.web@mademoiselledemargaux.fr
  • By telephone: +33 (0)5 57 8 39 90 (lines open Monday to Friday, 10 am to 1 pm and 2 pm to 6:30 pm).

12.4. All complaints must be duly justified and must include evidence of the damage or loss incurred (delivery note, photograph of the parcel received, etc.). Where, following its analysis, Mademoiselle de Margaux SAS accepts the complaint, it may propose a commercial gesture to the Customer.

12.5. Where any dispute concerning sales governed by these T&Cs cannot be resolved amicably, it shall be referred to the Courts.

13.  RETURNS

13.1. Products may only be returned subject to formal agreement between Mademoiselle de Margaux SAS and the Customer, and must be returned within two days of such agreement. No returns shall be accepted beyond this deadline.

13.2. In the event that Mademoiselle de Margaux SAS accepts the return, on the basis of an obvious defect or non-compliance of the delivered Products, the Customer shall be entitled to a free replacement or a credit note; no other compensation or damages shall be payable in connection therewith.

14.  RIGHT TO ACCESS AND CORRECT PERSONAL DATA

14.1. In the interests of customers’ privacy, Mademoiselle de Margaux SAS processes all personal data in the strictest confidence. When making a purchase, customers shall only be required to provide essential information (last name, first name, full postal address, email address), to ensure that Orders can be processed and monitored effectively. This information shall be stored on a secure server and immediately encrypted.

14.2. Pursuant to the French Data Protection Act of 6 January 1978, customers have the right to access and correct their personal data. In order to exercise this right, customers may contact Mademoiselle de Margaux SAS:

  • By post, to: Mademoiselle de Margaux SAS, Customer Services Department, 1 Route de l’Ile Vincent, 33460, Margaux, France
  • By email, using the contact form in the “Contact” section of the website
  • By email : contact.web@mademoiselledemargaux.fr
  • By telephone: +33 (0)5 57 8 39 90 (lines open Monday to Friday, 10 am to 1 pm and 2 pm to 6:30 pm).

14.3. Pursuant to the French Data Protection Act of 6 January 1978, amended, a formal declaration has been submitted to the French Data Protection Authority (www.cnil.fr), under reference number 0630285, in relation to the processing of personal data via the www.mademoiselledemargaux.fr website.

14.4. Further information regarding personal data processing may be found in the “Data Protection” section of the “Legal Notice” page of this website.

15.  WARRANTIES

15.1. The best before date for our chocolates is indicated on each box. In order to enjoy our chocolates at their best, customers are recommended to select the closest delivery date to the date on which the chocolates will be consumed.

15.2. Mademoiselle de Margaux SAS hereby guarantees the quality and freshness of its Products, provided that they are stored in a cool, dark, dry place (between 16 and 18°C).

15.3. Under no circumstances may Mademoiselle de Margaux SAS be held liable for non-compliance with the regulatory and legal provisions applicable in the destination country.

15.4. Mademoiselle de Margaux SAS’s liability shall be strictly limited to the value of the Product concerned, as determined on the date of sale of such Product; no right of appeal shall exist against the brand or the company that produced the Product.

16.  PROHIBITIONS

16.1. Under no circumstances may the Customer resell the Products; such Products are intended for the personal use of the Customer or the recipient of the Customer’s Order.

16.2. All photos on the website are non-binding in nature.

17.  APPLICABLE LAW

These T&Cs shall be governed by French law.