CHOCORONCENAY is a French company specializing in the retail sales of chocolates marketed under the name “Cluizel”.To better meet its customers’ expectations, CHOCORONCENAY wished to set up remote selling by electronic means (via Internet) for some of its products.The list of items on offer via the remote selling system may be viewed on the https://cluizel.com/ website.The system set up, which requires the customer to take an active role, complies in all respects with remote selling requirements and, in particular with Articles L. 111-1, L.113-3 and L. 121-18 et seq. of the French Consumer Code.The use of the remote selling process described in the General Terms and Conditions of Sale hereof is reserved for consumers only, as defined by law and jurisprudence, acting exclusively on their own behalf and having full legal capacity to enter into an agreement.The orders placed using this remote selling process must be intended for the personal use of the recipient of the products only, as such excluding any resale of said products to any third parties. In this respect, works councils and local authorities cannot place orders via the website.
The General Terms and Conditions hereof apply to any sale of products concluded via the https://cluizel.com/ merchant site, for delivery in mainland France (including Corsica) and in European Union Member States.The Customer declares they have fully understood and accept the General Terms and Conditions of Sale hereof prior to placing orders. The confirmation of an order by the Customer is deemed as unconditional acceptance without reservation of the General Terms and Conditions of Sale hereof.Pursuant to the provisions of Article 1369-4 of the French Civil Code, the General Terms and Conditions of Sale hereof may be stored by any person visiting the https://cluizel.com/ website, by means of computerized recording and may, moreover, be reproduced by the Customer, through printing.The General Terms and Conditions of Sale hereof will be applicable for as long as they are published on the https://cluizel.com/ website. The General Terms and Conditions of Sale hereof may be subject to modifications. In this respect, it is understood that the applicable terms and conditions are the ones in effect on the site at the time the order is placed via the https://cluizel.com/ site. The date the General Terms and Conditions of Sale hereof are published online is the date they take effect.In the event that the General Terms and Conditions of Sale hereof continue to be accessible to the public via other websites or by any other means, subsequent to the date they are deleted and replaced on the https://cluizel.com/ site, they will no longer however be binding on CHOCORONCENAY.
CHOCORONCENAY Simplified joint-stock company,with a registered capital of 175,000 euro, registered with the Evreux Trade and Companies Register under number B 529 149 270Headquartered at: 7 Avenue Michel Cluizel – Damville – CS 50026 27240 LE MESNILS SUR ITON – France VAT : FR45529149270
Information relating to all items that may be sold via the https://cluizel.com/ website is available on this website.This information complies with the requirements of the legal and regulatory texts in effect and, in particular with Articles L. 111-1 and L.113-3 of the French Consumer Code and with the French Ministerial Order of December 3, 1987 “on consumer information on prices”. Photos, images, graphics and descriptions of products, along with their packaging, offered for sale are for information purposes only and are in no way binding on CHOCORONCENAY. Customers may request additional information by contacting CHOCORONCENAY by email on: email@example.com or by phone on: +33 (0)2 32 35 20 75.In the event of error between the characteristics of items and their portrayal, CHOCORONCENAY cannot be held liable. CHOCORONCENAY ensures the quality of all chocolates it sells on the https://cluizel.com/ site. These chocolates are manufactured pursuant to a “Quality commitment”.
4.1 Internet orders
Orders are placed online via the https://cluizel.com/ merchant site. The Customer bears the telecommunication costs when accessing Internet and when using the https://cluizel.com/ site. In order to purchase a product when placing their initial order, the Customer must create a customer account and complete the order form by filling in the fields required so that their selection may be taken into account by CHOCORONCENAY. In the event of prolonged inactivity when connected to the site, the product selection made prior to said inactivity may no longer be guaranteed. The Customer will be asked to reselect all their products. Pursuant to the provisions of Article 1369-4 of the French Civil Code, all the steps required for the sale are detailed on the https://cluizel.com/ website. Pursuant to the provisions of Article 1369-5 of the French Civil Code, prior to definitively finalizing their order, the Customer may check the details of their order and its total price, and may correct any errors, before confirming said order deemed as accepting it. Once the Customer has confirmed their order, CHOCORONCENAY acknowledges reception of it immediately (unless justified) and by electronic means pursuant to Article 1369-5 of the French Civil Code. Notwithstanding, the sale will not be deemed definitive until CHOCORONCENAY sends confirmation of the order to the Customer, specifying that the items have been shipped.
4.2 Variable stock based on the seasonality of products and of the raw materials used
Products on the https://cluizel.com/ merchant site are only proposed within the limits of stock available, given the seasonality of products and of the raw materials used. In the event that, under exceptional circumstances, all or part of the order cannot be delivered, the order will be refunded within fifteen (15) days. The Customer will be contacted by phone and asked to replace their order.
4.3 Order refusals
CHOCORONCENAY reserves the right to refuse any order it deems abnormal or placed in bad faith. Furthermore, CHOCORONCENAY reserves the right to refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order. Such refusals are deemed a “legitimate reason” pursuant to the provisions of Article L. 122-1 of the French Consumer Code.
Item prices are expressed in euro and include all taxes. VAT is applicable at the rate in effect at the time the order is placed and according to the delivery country pursuant to the e-commerce VAT reform in effect since July 1st, 2021. The product prices specified on https://cluizel.com/ exclude shipping costs, delivery costs, the cost of specific packaging and costs for other optional services the Internet user has subscribed to, which are termed as additional. The Customer will be made aware of these aforementioned costs prior to confirming their order. Pursuant to the provisions of Article L. 121-19 of the French Consumer Code, at the time of delivery, the Customer will receive written confirmation, for each item, of the price paid with details of the price of the items and the delivery costs charged to them.
The Customer may pay for their purchases by bank card or PayPal. Credit cards, Visa, Mastercard (except for E-Cards) issued to bank accounts domiciled in mainland France (including Corsica), and in the European Union are accepted. CHOCORONCENAY ensures secure bank card payment by using a SSL encryption system and by working with the SOCIETE GENERALE, which processes the payments. The Customer’s bank card is debited at the time the order is confirmed. To this end, when the Customer pays an order via Internet, they ensure CHOCORONCENAY that they are the holder of the bank card and that the name specified on this bank card to be debited is their name, then, via a secure Internet space, they enter the sixteen-digit number of the card and its expiry date specified on the front of their bank card and, where applicable, the digits of the visual cryptogram (CVC) specified on the back of their bank card; CHOCORONCENAY undertakes to keep all this information strictly confidential. In the event that, for any reason whatsoever (objection, issuing center refusal, etc.), it is impossible to debit the amounts the Customer owes, the Internet purchasing process will be canceled. Within the framework of anti-fraud checks intended to secure Customer transactions, CHOCORONCENAY reserves the right to ask the Internet user to provide proof of residence and/or a copy of proof of identity by email or fax prior to confirming their order. As such, the order will only be deemed definitive when CHOCORONCENAY receives said documents and sends the confirmation email. In the event the Customer fails to send said documents or should said documents not enable the reliable identification of the author of the order and/or the veracity of their residence, CHOCORONCENAY reserves the right to refuse the order without being held liable in any way. CHOCORONCENAY retains full ownership of the items purchased by the Internet user until said Internet user has fulfilled all their obligations and, in particular, until the price has been paid in full, increased by interest, where applicable.
The items can only be delivered: in mainlandFrance (including Corsica), and in European Union Member States. Switzerland and the UK for countries outside the European Union. Items will be delivered to the delivery address specified by the Customer when placing the order. Said address must be in one of the aforementioned countries. or countries other than those aforementioned, the Customer will not be able to pursue their order. The Customer has the possibility to have the items delivered to a natural person of their choice whose place of residence is located in one of the aforementioned countries, as part of the “Gift” service initiated by CHOCORONCENAY. It is understood that deliveries cannot take place to hotels or to P.O. boxes. In the event that the Customer specifies an incorrect or incomplete address when placing their order which prevents delivery of the products, these products will not be refunded and the products ordered and reshipping costs will be charged to the Customer, except if the Customer does not wish to be reshipped. Pursuant to the provisions of Article L. 121-20-3 of the French Consumer Code, prior to concluding the Agreement, the Customer is informed of the deadline by which CHOCORONCENAY undertakes to deliver the items. CHOCORONCENAY will deliver the items by French Coliposte for all shipments under < 30kg, and by carrier for all shipments over> 30kg, in a package prepared with care and with recognized know-how. CHOCORONCENAY reserves the right to postpone order shipment by 72 hours if this ensures the order is complete, based on stocks of products available. Products ordered on the https://cluizel.com/ site are shipped from Monday to Thursday (not Friday or weekends) at the latest three (3) days after the order has been registered on the site, excluding public holidays. In the event of unfavorable weather conditions at the time products are to be shipped (high temperatures or heatwave at the product departure point in particular), CHOCORONCENAY reserves the right to refuse or to postpone order shipment. In this case, a message will be displayed on the site and customers will be duly informed. The Customer may keep track real-time of the delivery status for their order on the website of the carrier which will be indicated to the Customer when they place their order. If, at the time of delivery, the external aspect of the package is not perfect, the Customer will open it in the presence of the carrier to check the condition of the items. In the event an item is damaged, the Customer will mention this in detail on the delivery slip; moreover, the provisions of Articles 9 and 11 here below continue to apply. Additional information on the logistics of the delivery of the products sold is available on the https://cluizel.com/ website which the consumer is invited to refer to. This information is reiterated in the order confirmation sent to the Customer, to ensure that the latter is well informed of reservations to mention in the event the package is damaged. If no reservations are mentioned during delivery, compensation will not be made.
7.1: Additional costs for deliveries to the UK
All orders to be delivered to the UK of over €150 (around £135) are cleared through customs. Customs charges (VAT and customs-clearance costs) are to be paid by the recipient at the time of delivery. CHOCORONCENAY will not bear any additional costs.
8.1: Perishable products
As the product sold by CHOCORONCENAY are perishable, they cannot be subject to a right of withdrawal pursuant to Article L.121-20-2-3 of the French Consumer Code.
8.2: Product packaging and storage conditions
Given the fragility of the products and their perishable nature, it is not advisable for orders to be placed in the event that weather conditions at the delivery location are unfavorable for the correct product storage (high temperatures or heatwave at the product delivery location in particular). CHOCORONCENAY cannot be held liable in any way for damage that may impact the products if delivery takes place in a region subject to high temperatures. CHOCORONCENAY will take all due care in preparing the packages. Additional information on the packaging of the products sold is available on the https://cluizel.com/ website which the consumer is invited to refer to. The Customer is solely liable for the correct storage and use of the products they purchase on https://cluizel.com/. CHOCORONCENAY cannot be held liable in any way for any damage to products related to their incorrect storage or to a delay in delivery caused by a third party or by the Customer themselves or to any consumption of the products after their BIUB (best if used before date) specified on the product packaging.
For all products sold on its site, CHOCORONCENAY is bound by the legal guarantees of conformity (Articles L. 211-4 to L. 211-14 of the French Consumer Code) and of hidden defects (Articles 1641 and 1649 of the French Civil Code) pursuant to terms and conditions set out by law. The Customer must make sure that the items delivered correspond to their order. In the event that the items delivered do not comply with their order, the Customer must inform CHOCORONCENAY, immediately and, at the latest, within 72 hours from the date of delivery, by email sent to firstname.lastname@example.org. The Customer then has eight (8) days from the date of delivery to express their reservations and/or claims concerning the lack of conformity and/or visible defects of the products delivered, and to attach any relevant supporting document, by registered letter with acknowledgement of receipt. Beyond this period and in the event that the Customer has failed to comply with the aforementioned formalities, the products will be deemed compliant and free from any visible defect and no claim will be validly accepted by CHOCORONCENAY. This information is reiterated on the delivery slip inserted inside the package delivered. For food safety and hygiene reasons, perishable goods cannot be returned or exchanged. Notwithstanding, CHOCORONCENAY will replace, as soon as possible and at its own expense, products delivered whose visible defects and/or lack of conformity were duly observed by CHOCORONCENAY. Reminder of Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, and of Articles 1641 and 1648, first paragraph, of the French Civil Code:
“Article L. 211-4 of the French Consumer Code: The seller is required to deliver goods in accordance with the agreement and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity caused by the packaging, assembly or installation instructions, when the seller is deemed liable by the agreement or was performed under the seller’s responsibility.”
“Article L. 211-5 of the French Consumer Code: To comply with the agreement, the product must:
1° Be appropriate for the use normally expected for such goods and, where applicable:
– correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or a model;
– have the qualities that a buyer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, in particular in terms of advertising and/or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the buyer that has been brought to the notice of the seller and which the latter has accepted.”
“Article L. 211-12 of the French Consumer Code: Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
“Article 1641 of the French Civil Code: The seller is bound to the guarantee on account of the hidden defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have purchased it, or would only have offered a lower price for it, had they known of them.”
“Article 1648 of the French Civil Code, first paragraph: The action resulting from latent defects must be brought by the purchaser within a period of two (2) years following the discovery of the defect.”
For any information, claims or any questions concerning the terms and conditions of sale by mail-order implemented by CHOCORONCENAY or the items themselves, customers should send a postal mail to CHOCORONCENAY Customer Service Department: 7 Avenue Michel Cluizel – DAMVILLE – CS 50026 – 27240 MESNILS SUR ITON – FRANCE/ +33 (0)2 32 35 20 75 (price of a local call if phoning from France) and/or an email to: email@example.com and systematically mention their order number and attach their delivery slip.
Pursuant to Regulation 2016/679 of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free circulation of this data, the Seller implements personal data processing for the purpose of selling and delivering the products and services defined under the Agreement hereof. The Buyer is informed of the following elements: the data controller is CHOCORONCENAY, headquartered at 7 Avenue Michel Cluizel, Damville – CS 50026, 27240 Mesnils-sur-Iton, France: the Seller, as stipulated at the top of the GTCS hereof; the legal basis for processing is consent to the collection of personal data through the online sales site and the contractual performance for other processing, the recipients of the personal data collected are the Seller’s departments and the subcontractors involved in the delivery and sales operations, as well as any authority legally authorized to access the personal data in question; ; no transfer outside the EU is foreseen; data is retained for one (1) year; the data subject has the right to ask the data controller to access their personal data, the right to rectify or erase it, the right to restrict its processing, the right to object to its processing and the right to data portability by sending a request by email to firstname.lastname@example.org; the data subject has the right to file a complaint with a supervisory authority; the information requested at the time of ordering is required for drawing up the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.
The “CLUIZEL Paris” brand and logo are protected by intellectual property rights. Any total or partial reproduction, modification or use of this brand or logo for any reason and on any medium whatsoever, without express prior permission from CHOCORONCENAY is strictly prohibited. The same applies to any combination or association with any other brand, symbol, logotype and, more generally, any distinctive sign intended to constitute a composite logo. The same will also apply to any copyrights, illustrations and models, patents that are the property of CHOCORONCENAY.
The performance by CHOCORONCENAY of all or part of its obligations will be interrupted in the event of unforeseeable circumstances or force majeure that may impede or delay performance. The following are considered as such, in particular but not limited to, wars, riots, insurrection, social unrest, strikes of any kind and in particular those affecting transport, and procurement issues affecting CHOCORONCENAY. CHOCORONCENAY will inform the Customer of such unforeseeable circumstances or force majeure within seven (7) days of its occurrence. In the event that the aforementioned interruption continues beyond a period of fifteen (15) days, the Customer will be able to terminate the pending order and, as such, their bank card or PayPal will be refunded (the Company will re-credit the account debited for the purchase).
The General Terms and Conditions of Sale hereof are exclusively governed by French law. Any dispute that may arise from the interpretation or performance of the General Terms and Conditions of Sale hereof will be submitted to the exclusive jurisdiction of French courts
Loyalty points are earned with every purchase. You earn 1 point for every 1 euro spent. For every 200 points collected, a €10 loyalty voucher is automatically offered. It is a one-time voucher, to be used within three (3) months, for a minimum purchase of 15 euro. Only one voucher can be used per order. Vouchers cannot be combined. They may be used, however, with another discount or promotional offer.