- What is the use of general conditions of sale?
The trust you place in us every day is our priority. As such, we do everything we can to ensure that you can maintain this trust on a daily basis, which obviously involves general conditions of sale ( “GCV” ) that are respected and known to all.
The General Terms and Conditions, which apply to all of our services and to orders placed via our site plaqchocolat.com (“ the Website ”), aim precisely to present to you the rules that you must respect when you place orders knowing that any order implies unreserved acceptance of the General Terms and Conditions.
You therefore certify that you have read the General Terms and Conditions before placing any order. The General Conditions of Sale are supplemented by the general conditions of use of our website which you are presumed to have also consulted and accepted without reservation.
- How to order ?
To place an order via our site, you must select and add to your shopping cart the Products you wish to order, as well as their quantity.
You also have the option of creating a customer account by completing the following fields:
- First name
- Surname
- Password
Only adult individuals, enjoying full legal capacity, can commit to the General Terms and Conditions.
If you are a company, only a legal entity legally constituted and acting in a professional or non-professional capacity, through a duly authorized natural person representative with a duly authorized power, delegation or mandate obtained from the legal entity concerned, may place an order in the name and on behalf of the latter.
Your account is strictly personal. You therefore undertake to provide the identification data required to create the account in a personal, correct, accurate and truthful manner. You must also inform us of any changes to the information required for normal use of the website.
You are responsible for maintaining the confidentiality of your account and your password as well as restricting access to your terminal (e.g. tablet, mobile, etc.). If you have any doubts about the vulnerability of your account or the confidentiality of your access, you must change your password and/or contact our support service as soon as possible. Failing this, and within the limits of what is permitted by applicable law, you are responsible for all activities that have been carried out from your account, including purchases made by a usurper.
We recommend using a complex password (consisting of numbers, lowercase and uppercase letters and punctuation marks) to increase the security of access to the account and to change your password regularly by accessing the settings of the account.
You have the possibility to check the details of your proposed order and to correct any errors until the order is confirmed. After checking the contents in the shopping cart, you must confirm the order by validating it.
- How to validate your order?
The order is definitively validated by its payment and you will be deemed to have accepted the General Terms and Conditions in force, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered.
Once the order has been validated, a confirmation will be sent to you by email to the email address entered during your order and account creation.
In the event of legitimate reasons, we reserve the right to cancel or refuse any order, without such cancellation or refusal leading to the payment of any damages and/or costs other than the reimbursement of any amount paid by you under said order. Legitimate reasons include the following:
- the billing and/or delivery information provided is incorrect or unverifiable;
- a dispute relating to a previous order exists with you;
- the order includes one or more unavailable products;
- the order placed is recognized as being an unusual order, susceptible to fraud or made by a reseller.
The availability of products and services is given on the website in an indicative manner. It only becomes definitive upon confirmation of the order.
We are not responsible for the unavailability of an order to the extent that the information has been provided to you before any order or delivery.
- What are our financial conditions and payment terms?
The price of the available services is indicated in Euros, either excluding tax (HT) or excluding tax and all French taxes included (TTC). The price of the services is that in effect on the day of the order. The total amount due and its details are indicated on each order.
We reserve the right to change the price of our services at any time, it being understood that the new price is only applied to orders placed on or after the new price comes into effect.
The means of payment accepted to date are: credit card and PayPal and any bank charges remain your responsibility, including in the event of reimbursement. You can also use your gift cards for any purchase in store and on our website.
We are committed to using the most efficient encrypted and secure transmission and payment methods available in current technology. No information relating to payment is kept, financial transactions taking place on our partner's banking interface.
We reserve the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due to you, in the event of a payment incident, in the event of fraud or attempted fraud, including in the event of subsequent orders.
- What are our delivery conditions?
We deliver everywhere in mainland France, Corsica and Monaco, as well as within the European Union.
The ordered products will be sent to the delivery address you indicated during your order process. Delivery times are effective from the time the package is picked up by the carrier.
You are solely responsible for the information relating to the name and address of the recipient which must be precise, exact and complete (door code, floor, telephone number, etc.) to allow delivery under normal conditions. We will not be responsible for a return delivery due to an address error or an inability to deliver to the address indicated.
All deliveries are announced by email to the email address you indicated when ordering and creating a customer account.
We undertake to indicate delivery times (in working days) and costs with all taxes included depending on the delivery method chosen when placing your order and before validation of the order.
If you are absent on the day of delivery, the delivery person will leave a calling card in your mailbox which will allow the package to be collected from the location and during the time indicated. If you fail to collect your order within the aforementioned deadlines or in the event of incorrect information provided during validation of your order, it will be returned to us.
The Buyer may choose from the following delivery methods:
- delivery of the order by Colissimo or Chronopost, and during the summer by Chronofresh
- delivery of the order by courier (Paris and neighboring areas)
We strive to fulfill orders within the announced delivery times.
However, any event beyond our control, which could not be reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, will result in the extension of delivery times.
Each delivery is deemed to have been made as soon as the product is made available to you. It is your responsibility to check shipments upon arrival and to make any reservations and complaints (examples: damaged package, missing products, condition of products received) which appear justified within the mandatory period of three (3) calendar days from the date of delivery. delivery, under penalty of foreclosure.
- When are you considered to be the owner of the order?
We retain full ownership of orders until delivery and full payment of the full price, in principal, fees and taxes included.
We insure the risks of loss and deterioration of orders until their delivery. The transfer of risks therefore occurs from the moment you acknowledge receipt of the products.
- What are our conditions for collecting orders in store?
In the event that you have placed an order with collection from the Plaq factory, you agree to come and collect it, upon receipt of an email notification, at the following address: 4 rue du Nil, 75002 Paris, during opening hours of the Plaq factory.
The order is deemed canceled if you do not collect the order within 10 days.
- Can you benefit from the right of withdrawal?
In accordance with article L221-8 of the Consumer Code, you do not have a right of withdrawal because the orders concern (i) the supply of goods likely to deteriorate or expire quickly and (ii) the supply goods which can be unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
- How to benefit from your legal guarantees?
All the products we supply benefit, subject to duly detailed demonstration, from the legal guarantee of conformity provided for by articles L217-4 and seq. of the Consumer Code and from the legal guarantee provided by articles 1641 and seq. of the Civil Code .
When you act as a legal guarantee of conformity, you can:
- benefit from a period of two years from the delivery of the goods to take action
- choose between repair or replacement of the good unless it is impossible or disproportionately expensive under the conditions provided for in Article L. 217-14 of the Consumer Code, and in particular if repair or replacement is impossible
- be exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of articles 1641 et seq. of the Civil Code and, in this case, choose between two options: keep the good and request a reduction in the sale price. or return it and request reimbursement of the total price, in accordance with article 1644 of the Civil Code.
- What is our commercial policy in the event of a complaint?
For any questions, complaints, information on one of your orders, you can contact us:
- By mail to the following address: PLAQ - 4 RUE DU NIL – 75002 PARIS
- By email via the form in the “Contact Us” section on the Site, specifying the order number concerned.
- By email to the following address: contact@plaqchocolat.com
After analysis and acceptance of the complaint on our part, we undertake to reimburse you in full, by transfer.
The refund period will not exceed 30 days from receipt of the refund request.
Within three (3) days following delivery, defective products or products that do not conform to the order may also be subject to reimbursement if you have ensured that there are no anomalies during the delivery of your package. In the event of damaged packages or packages whose contents have been stolen or damaged, you can refuse the goods upon delivery and request the return of the package to Plaq.
After verification of the notified, dated reservations, and if they are proven, we will reimburse the product(s).
- What are our commitments on orders?
For everything relating to the ordering stages as well as the stages following the conclusion of the sale, we are only subject to an obligation of means .
Our liability under the obligations of the General Conditions of Sale cannot be incurred in the event that the non-performance of these obligations is attributable to the actions of a third party even if it was foreseeable, to a fault on your part or to the occurrence of a force majeure event.
In particular, events beyond our control, which could not be reasonably foreseen when the website was made available and whose effects cannot be avoided by appropriate measures, which prevent its use, are considered as force majeure.
In particular, these are those usually retained by the jurisprudence of French courts and tribunals such as war, riot, fire, internal or external strikes, lock out, occupation of premises, bad weather, earthquake, flooding, water damage, legal or governmental restrictions, legal or regulatory changes, accidents of all kinds, epidemic, pandemic, illness affecting more than 10% of Plaq staff in a period of two consecutive months, the absence of provision of energy, the partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and impossibilities of supply of supplies and any other case beyond our control preventing execution normal of the website.
In such circumstances, we obviously have additional time to fulfill our obligations, without any compensation being claimed from us.
- What document do we keep as proof?
We archive communications, files, contracts, purchase orders and invoices on a reliable and durable medium in order to constitute a faithful and durable copy.
These communications, files, contracts, purchase orders and invoices may be produced as proof. Unless proven otherwise, the data recorded by our teams constitutes proof of all exchanges between you and us.
- What happens if a clause of these general conditions is invalid?
The nullity of one of the clauses herein does not entail the nullity of the general conditions and the other clauses will continue to produce their effects.
- What happens if a clause is waived?
The fact, for Plaq, of not availing itself temporarily or permanently of one or more clauses of the General Conditions of Sale will in no case constitute a waiver of its right to avail itself of them.
- What is the applicable law for the use of the site or any dispute relating to these general conditions?
Plaq is a company incorporated under French law. Consequently, any dispute relating to these General Terms and Conditions is subject to French law.
In accordance with articles L611-1 and seq., and L611-2 and seq. of the Consumer Code, you can choose to use any alternative method of dispute resolution free of charge, and in particular a consumer mediation procedure by contacting the service mediation proposed by Plaq: XXX
In the absence of an amicable resolution, the dispute will be brought exclusively before the competent French courts.
- Can the terms and conditions be changed?
We reserve the right to modify the General Terms and Conditions at any time and without notice. We therefore advise you to consult them as regularly as possible.