Conditions Générales de Vente EQUACACAO S.A.S.

The present General Terms and Conditions of Sale govern the contractual relationship between EQUACACAO S.A.S., whose registered office is located at 41 Rue Honoré de Balzac, and the customer, a non-trading individual, of the www.equacacao.com website's Boutique.

The validation of an order on behalf of a customer engenders the acceptance of the entirety of the present General Conditions of Sale known by this one.

They will prevail over all other conditions appearing in any other document, except prior, express and written exemption.

1- The products

The company Equacacao S.A.S., reserves the right at any time and without notice to add or remove products to its catalog.

2- Availability of products

The customer's order will be fulfilled within the limits of available stocks. In case of stock shortage of one of the ordered products, the company Equacacao S.A.S., reserves the possibility to modify the assortment in order to avoid a delay in the delivery.

3- Price - Payment

The prices displayed on the Order Form are expressed in Euros.

Transport is not included in the price indicated on the "product" sheet.

All prices are indicated inclusive of all taxes, including VAT.

The payment of the price is done cash with the order and can be done by credit card (Visa or MasterCard), bank transfer or French check drawn on a French bank

No shipment will be made without prior validation of the payment, i.e. in case of payment by check before the effective cashing of the check.

4- Order

When placing an order, the customer provides the following information under his or her sole responsibility, both for the recipient and for the customer sending the order: Name and first name, address, e-mail address, telephone number of the recipient(s).

In case of error of transmission by the customer of the coordinates of the recipient, the company Equacacao S.A.S. could not be held responsible for the impossibility of delivery. Also we decline any responsibility in case of error or imprecision in the addresses of the addressees (the expenses of forwarding and replacement of the articles will be charged to you in addition).

The final invoice corresponding to the order is sent by e-mail or by post to the customer as soon as the package leaves our warehouse.

The data recorded by the computer system of Equacacao S.A.S. constitutes the proof of all transactions.

EQUACACAO S.A.S. reserves the right to refuse or cancel any new order from a customer with whom a dispute exists.

5- Delivery

All our shipments are made by Colissimo or Chronopost, with tracking and signature, or by carrier for packages over 25 kg.

Delivery rates

Flat rate, postage and packaging included.
The weight includes the Products and their packaging, for example: Chocolates + packaging = weight of the package.
The amount of the delivery charges is invoiced in addition to the selling price of the products. The amount of the delivery costs is defined according to the ordered articles, the carrier, the weight and volume of the article(s) to be delivered, as well as the country of destination.

Delays

As an indication, any order placed from Thursday 12am will be shipped the following Tuesday.

From the day we receive your order, please allow a minimum of 5 days for shipping.

The delivery times are as follows:
Metropolitan France excluding Corsica: 48 hours, by Colissimo, Chronopost 24 hours except on weekends.
These times are given strictly as an indication. No compensation can be claimed in case of a possible delay in delivery.

We can in no case be held responsible for damage that may occur to products if the package has been opened or damaged during its delivery, or in case of absence of the recipient during the deposit of the package.

We warn our customers that for distant destinations (between 3 and 10 working days of delivery) and despite the special packaging used during the warm seasons, the chocolates will travel better during the cold seasons of the year.

In particular, the delivery time cannot be guaranteed during holiday periods such as Christmas, Easter, Valentine's Day or Mother's Day, etc. ....

6- Replacement or refund

No return, refund or replacement will be accepted.

No reserve can be made by the customer on criteria concerning the taste, the freshness and the appearance of the products: the company Equacacao S.A.S., guarantees the quality and the freshness of its products, provided that they are kept in a temperate place, between 18°C and 20°C, protected from strong odors and protected from heat and humidity.

In the event that deliveries cannot be made because of problems related to customs, strikes or damage or any other cause of force majeure under the responsibility of the carrier, the products will be replaced or refunded.

7- Responsibility

Equacacao S.A.S. can be exempted from all or part of its responsibility by proving that the non-execution or the bad execution of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.

EQUACACO S.A.S. cannot be held responsible for damages of any kind that may result from improper use or storage of the delivered items by the customer.

In any case, EQUACACAO S.A.S.'s liability will be limited to the amount of the order.

8- Applicable law

The present General Terms and Conditions of Sale are subject to French law. In the absence of an amicable agreement between the parties, any dispute relating to the formation, validity, execution or interpretation of the present General Terms and Conditions of Sale and of any contract concluded between the company and the customer will be submitted exclusively to the Commercial Court of Laval (53), France.

9- Access to nutritional values

The information is available on the product data sheets. If the technical data sheets are not available, you can contact the customer service via the contact form at the bottom of the page so that they can send them to you.

10- Use of customer data

The personal data you are asked to provide is necessary for the management and follow-up of customer relations.

They are intended for EQUACACAO S.A.S., the person responsible for processing them and are based on the preparation and/or execution of a contract.  They may be communicated, for these same purposes, to various departments such as customer service, marketing, logistics, etc.

They are kept for the duration of the commercial relationship plus the duration of the legal requirements.

You have the right to access, rectify, delete, oppose, portability of information concerning you as well as the right to limit the processing that you can exercise by sending an email to chocolat@equacacao.com or by sending a letter, specifying your details (identity, proof of identity), to 41 Rue Honoré de Balzac 53940 SAINT BERTHEVIN.

You also have the right to define general and particular directives defining the way in which you intend these rights to be exercised after your death.

In case of need and for more information or in case of dispute about your rights, you can contact the DPO at this address: chocolat@equacacao.com

You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (Cnil), the French supervisory authority in charge of compliance with obligations regarding personal data.