Terms of Sale

RECITALS


zChocolat is a trading company having its registered office at 5, rue Fabrot 13100 Aix-en-Provence – Tel: 33 (0)4 42 91 43 65 – email: zcontact@zChocolat.com – Siret 424 922 946 00027 Aix-en-Provence) that markets a range of chocolates and other recipes presented in wooden boxes and other containers under the brand zChocolat registered to INPI on November 19, 1999 (Registration No 026487) hereafter referred to as “The Products”. These Products are presented on the Website www.zchocolat.com (hereafter referred to as “The WebSite”).

ARTICLE 1

Object


The present Terms of Sale (hereafter “The T.S.”) define the terms and conditions pursuant to which an individual consumer or a corporation, French or foreign, (hereafter “The Customer”) orders and buys the Products or services being sold by zChocolat on The Website.

ARTICLE 2

Acceptance of the Terms of Sale


The order of Products implies the entire and clear adherence of the Customer to the T.S., exclusive of any other document such as leaflets, catalogues or commercial offers issued by zChocolat. Prior to final confirmation of the Product order, the Customer shall state that he has read and agrees with the T.S. by checking the box “I have read and agree with the Terms of Sale”, then by clicking the button “Proceed to checkout”. The present T.S. governs all product sales irrespective of the recipient’s location and with respect to the special conditions displayed on the Website. Unless formally and previously agreed to in writing by zChocolat, no other terms or conditions can prevail over the T.S. Therefore, any contrary terms or conditions asserted by the Customer, failing any express prior written acceptance by zChocolat, will be not be valid or enforceable.

ARTICLE 3

Orders


To place an order for a Product, the Customer must identify himself (3.1), agree with the T.S. (3.2) and confirm his order (3.3)

3.1. Identification
A Customer who wishes to place an order must first identify himself. To do this, he must fill in a form made available to him on line. The information provided by the customer will include his surname, first name (or corporate name) as well as his e-mail address, address (and/or address of delivery if it is different) and his telephone number. The Customer shall also provide a password that will be personal and confidential. zChocolat reserves the right to verify the accuracy of the data entered by the Customer and more specifically the identity and physical address of the Customer. In order to verify the Customer’s identity, zChocolat may require a copy of an ID card before shipping any order. The Customer, when not an individual consumer (a.k.a. a business), is responsible (i) for all the persons to whom it communicates its confidential login information and (ii) for all orders placed using its confidential login information, as a result, the customer will not dispute any order placed using its personal and confidential login information. The Customer will inform zChocolat as soon as he knows that a third party is using his e-mail address and password without his consent. The Customer agrees that entering these two identification codes is proof of identity. zChocolat hereby informs the Customer that the information communicated by him within the framework of the order is automatically recorded as nominative data constituting the Customers’ files and/or a detailed invoicing.

3.2. Acceptance of the present Terms of Sale
When the Customer is identified according to article 3.1 above, he states that he has read and agrees with the T.S. and checks the box “I have read and agree with zChocolat’s Terms of Sale”.

3.3. Order Confirmation
The Customer chooses the Products he wishes to buy, then confirms his order, by entering his credit card number and its date of expiration under the conditions provided in article 5. Then he clicks on the icon “Confirm my Order” displayed on the screen. The order is immediately recorded. An order number is then communicated on the screen and also by electronic mail to the Customer.

ARTICLE 4

Conclusion of the sales contract


All the commercial information appearing on the Website does not legally constitute an offer or a contract. Accordingly, the Sales Contract between the Customer and zChocolat will only be entered into after the customer has placed his order according to article 3 above and when zChocolat has accepted the order. The order will be deemed accepted if not rejected within 30 days after receipt and payment has been successfully processed.

ARTICLE 5

Prices and terms of payment


5.1. Prices
The prices of the Products displayed on the Website are exclusive of VAT, shipping charges and local custom fees, tariffs and duties – if applicable.. The final price of the Products (hereafter ” The Price “) the Customer intends to order, is indicated on the summary screen of his order and includes the following :
*the price of the Product exclusive of taxes and expenses ;
*the amount of discount, if applicable ;
*the amount of the Value Added Tax (if applicable) ;
*the shipping and handling charges ;

The Prices are denominated and payable in Euros. Any Prices mentioned in currencies others than the Euro are given for information purposes only. The Customer can inquire to their credit card company about the rate of exchange applicable between the Euro and their currency. Prices are subject to change. zChocolat will inform the Customer of any change in price prior to any new order.

5.2. Terms of Payment
zChocolat will accept the Order and subsequently ship the Products to the Customer only after payment has been successfully processed and approved. Consequently, the Customer always prepays for the Products. The Products are paid by credit card or wire transfer. The credit cards accepted by zChocolat are the following: VISA, MASTERCARD and AMERICAN EXPRESS. The Customer may print the invoice online once the order is shipped. ZCHOCOLAT RESERVES THE RIGHT TO REQUIRE PAYMENT BY WIRE TRANSFER EXCLUSIVELY FOR ANY GIVEN ORDER AND FOR ANY REASONS.

ARTICLE 6

Shipping and delivery


6.1. Delivery Time
The Products are delivered by DHL Express to the address indicated by the Customer on the date picked by the Customer. Available delivery dates depend on the destination country (see our Shipping Policy for details) and the timing of the order. Orders received before noon GMT ship the same day except weekends and French Holidays. zChocolat cannot be held responsible if delivery is unduly delayed because of local customs.

6.2. Shipping Charges
The shipping charge is a flat fee of 15 EUR per delivery address worldwide.

6.3. Tariffs, duties and local taxes
Tariffs, duties and local taxes in the recipient’s country, if applicable, are born by the Customer except in the United States of America where zChocolat pays this fee. If you send our chocolates as gifts, we make absolutely certain that your gift recipient does not pay any taxes upon delivery: we ship Delivery Duty Paid (DDP). If a duty fee is applied, we pay it on your behalf when making entry in the country and bill you separately upon receipt of the local customs invoice within several weeks after delivery. Our bill will include a EUR15.00 service fee for monitoring the custom clearance process, providing the additional paperwork and fronting the duty fee on your behalf. An invoice is sent to you via email at such time.

6.4. Responsibility
The Responsibility for lost or damaged products until delivery is born by zChocolat. In case of damaged or missing products, the Customer must notify us by electronic mail at zcontact@zchocolat.com within 24 hours following delivery. zChocolat will not be held responsible if the addressee is not present at the time of delivery and/or if the Customer (or the person designated by the Customer) does not pick up the Products at the carrier’s office, after the Carrier delivers a note to the recipient.

ARTICLE 7

Intellectual property


7.1. All Website components and packaging components are the exclusive property of zChocolat. The images, texts, name and logo appearing on the Internet site and all Products (hereafter ” The Protected Elements “) are the intellectual property of zChocolat and zChocolat holds all rights thereto. The review of the Internet site or the order of products does not result in the transfer of any rights (right of reproduction, right of representation) on any of the Protected Elements. The Customer agrees not to reproduce, adapt, transfer to third parties, market, represent, translate or modify any of the Protected Elements. Any utilization contrary to the T.S. provisions constitutes an act of counterfeiting.

7.2. The Customer, if not an individual consumer, grants zChocolat a non-exclusive, non-transferable, revocable license to use its logo(s) and trademark(s) and similar identifying materials (but only in the form(s) that they are provided by the Customer) for the sole purpose of corporate gift customization in accordance with the designs mutually agreed on by both parties.

7.3. The Customer is solely responsible for the images and texts that he uploads and publishes on the Website. He may not publish images or texts that he did not create or that he does not have permission to publish as well as any texts or images that might be offensive or illegal.

ARTICLE 8

Responsibility


The Customer is responsible for his own choice of Products and after delivery, the preservation of Products until consumption. The Customer’s attention is drawn to the fact that Products are best before the date indicated on the ingredient label and that the Customer should not consume the Products if the Products appear to have deteriorated (for whatever reason), or if the Client is allergic to one or more ingredients listed on the ingredient label or if the chocolate wrapping has been removed. In no case shall zChocolat be responsible for any resulting harm or damages. Similarly, zChocolat will not be responsible if it does not comply with the legislative or regulatory provisions in force in the country of delivery. zChocolat is only responsible for compliance with French regulations as it relates to the Products. The Customer is responsible for the payment of all tariffs, duties or local taxes if applicable in the recipient’s country. zChocolat’s responsibility is limited to the lowest of the following:
1. the amount of direct damage experienced by the Customer; or
2. amount of the Price of the order.

ARTICLE 9

100% Satisfaction Guarantee


We will immediately replace, exchange or refund your order if it is not 100% satisfactory. Anytime, for any reason. please contact our Customer Service Department at 1-800-529-9512 toll-free from North America or 33 (0)4.42.91.43.65 outside North America. You may also contact us via email at zcontact@zchocolat.com.

ARTICLE 10

Guarantees


10.1. Products
zChocolat assures that the Products are manufactured according to strict standards of quality and preservation according to the standards in force in France. zChocolat undertakes to do its best to maintain the permanent quality of these Products. However, zChocolat will not guarantee the quality of its Products if the Customer does not meet the optimum conditions of preservation of the Products or if the Products are consumed beyond the best before date indicated on the package. Moreover zChocolat will not be held responsible in case of Force Majeure as defined and recognized by the French jurisprudence.

10.2. Privacy
Our Privacy Policy can be accessed here.

ARTICLE 11

Applicable law and competent jurisdiction


11.1. The law applicable to the present Terms of Sale is governed under French law.

11.2. If the customer is a corporation, all disputes related to the present Terms of Sale will be submitted to the exclusive competence of the courts of the jurisdiction of Aix-en-Provence.

ARTICLE 12

General provisions


12.1. The Customer elects its domicile at the address mentioned on the registration form.

12.2. If any of the stipulations of the present T.S. is null for any reason, the other stipulations will not be nullified.