zChocolat is a trading company having its registered office at Za Les Chalus - 04300 - Forcalquier - FRANCE – 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”).
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.
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.
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)
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, its security code 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.
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.
The prices of the Products displayed on these terms of sale and 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.
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 2PM Central European Time ship the same day except weekends and French Holidays. zChocolat cannot be held responsible if delivery is unduly delayed because of local customs. Moreover, during the summer months in the Northern nor Southern hemisphere, we may choose to ship your order prematurely or delay shipment due to local and transit temperatures. This is because our chocolates are sensitive to heat, as they don’t contain preservatives and have very low sugar content. By changing the shipping date of your package, we reduce the risk of it being stored in a warm facility over the weekend and therefore can guarantee freshness upon delivery anywhere in the world. We will, accordingly, inform you shall we decide to change the shipping date.
6.2. Shipping Charges
The shipping cost is a flat fee of USD 19.47 for up to 5 items per delivery address anywhere in the world. Beyond 5 items per delivery address, the shipping cost is USD 7.57 per item. View our Shipping Rates & Policies section for more details.
6.3. Tariffs, duties and local taxes
Our USD 19.47 shipping fee is inclusive of all custom duty fees and local taxes worldwide so that your gift recipient does not have to pay anything upon delivery - except for the following countries where local custom offices do not allow delivery duties paid or with complicated custom clearance processes.
|Central African Republic
|Democratic Republic of Congo
|Sao Tome and Principe
|The Northern Mariana Islands
|Trinidad and Tobago
If custom duties are applied, they are paid by your gift recipient upon delivery, for all other countries, custom duties and local taxes are already paid and included in our USD 19.47 shipping fee.
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 email@example.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.
6.5. Fuel surcharge
From time to time, zChocolat may charge a fuel surcharge as a fixed amount per item ordered based on the fuel surcharge declared by DHL, our shipping carrier.
6.6. Shipping to France
The above shipping costs are divided by two for all deliveries in France metropolitan.
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.
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.
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 1-760-338-2511 from North America or 33 (0)220.127.116.11.65 outside North America. You may also contact us via email at firstname.lastname@example.org.
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.
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.
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.