Terms of sale

Article 1 : Legal specifications

The website www.lechocolatdemmanuelbriet.com is managed by the company SARL CHOCOLATS BRIET. Its capital amounts to 15.000€ and is registered at the RSC (Registre des commerces et societies) in Reims under 507 780 781. The head office is on 13, rue de la porte Lucas, EPERNAY (51200).

Company Manager : Emmanuel Briet

The SARL CHOCOLATS BRIET's VAT number is FR 35507780781.

The Customer's service information is available on www.lechocolatdemmanuelbriet.com phone number is 0953594323 (cost of a local call) and the line is open Tuesday to Friday from 10:00am to 12:00am and from 2:00pm to 6:30pm. We are also available on the following e-mail address : contact@lechocolatdemmanuelbriet.com.

Design and Development : www.id-parallele.com

Domain Host : http://www.OVH.com

Article 2 : Preamble

Chocolat Briet's terms of sale, as identified in article 1, define the terms and conditions. Any natural person purchasing for their personal needs and not their professional needs, and also any corporation buying for needs excluding professional activities, orders and buys the products sold by the company, through distance selling online.

The products are merchandises defined in our online catalogue on www.lechocolatdemmanuelbriet.com.

Online sales are exclusively reserved to people mentioned above who accept to fill in the required fields presented at the time of the registration and have a delivery address in Metropolitan France, Corsica, Monaco, or Departement d'Outre-Mer (DOM).

These conditions only cover connections between the company and the website's customers, except for any other document.

Article 3 : Application and enforceability of the terms of sale

Before any order confirmation, customers have the obligation to read and accept the terms of sale by ticking the box “I have read and accept the terms of sale” before ticking the box “I confirm my order”.
Before confirmation, it is specified that customers have the possibility to correct or change their choices. This mechanism is available at any step in the order placement process.

Any order confirmation from customers is full acceptance on their part of the terms of sale and the particular conditions of their order (articles ordered as presented on the website depending on the quantities available, prices, components, etc.)

These terms of sale are only relevant to the contract, except for any other document including catalogues, commercial proposal issued by the company.

Any conditions dictated by customers and do not comply with the terms of sale will not be accepted by the company, if not explicitly accepted by the company.

Article 4 : Essential characteristics of the goods available

The products available to customers are featured in the catalogue which is published on the website within the limits of stock and subject to the efficiency of the website.

Each product on the website has a presentation which indicates the price, the denomination, the quantity in stock and a brief description. There is also a picture available for each product online.

The pictures of the products are provided for reference, and are beyond the scope of the contract unless they are extremely accurate and feature essential elements. Furthermore, minimal variations between the picture and the actual product cannot be considered as a fault on the company's part, in so for as they don't feature any essential elements from the actual products.

If errors are introduced in these products, the company declines any responsibility.

Article 5 : Duration and availability of the offer

The offers of the company are only valid during the period of display on the website and limited according to availability.

In case of unavailability of the product or stock shortage, subject of the order, after signing of this one, the company will contact the costumer by email in the shortest time possible to inform them of the situation.

After which the customer will be able to :

- Cancel the order and be refunded the amount paid within a 30-day period from the confirmation of the refund of the company;
- Accept the postponement of delivery pending the manufacturing of the product in question, when it is possible;
- Request the replacement of a product by an equivalent product in terms of quality and price;

Article 6 : Username and password

Any customers who aren't holders of a customer number will have to follow a registration process which will enable them to obtain a customer's number.

At the time of the first order, a username and a password are chosen by each customer.

The username and the password prove customers' identity and bind them to any orders placed by an intermediary.

They value the signature block from the law of 13th march 2000.

Customers are the only responsible of their username and password, and will be the only ones to bear the consequences that could be the result of any fraudulent use from a third party who would have had the holding of these, unless they prove that the holding is due to a direct fault on the company's part.

If customers forget their password or username, a function on the website enables them to retrieve their password and get it sent back to them.

Article 7 : Order placement

The customer can place an order online from the catalogue featured on the website or by mail to the following address : SARL CHOCOLATS BRIET, 13 rue de la porte Lucas - 51200 Epernay

The customer must provide full name and address for the completion of the conditions imposed by article 1316-4 of the Code Civil and relevant to the signature block.

The information provided by customers when placing the order, make them liable in case of a mistake in the details such as the address of the recipient. The company declines any responsibility for failure to deliver in this instance.

All order placements imply acceptance of the cost and description of the available products to sale.

Orders are only final when confirmed by full payment from the customer.

Article 8: Registration, confirmation and shipment of the order

Any order entry is simultaneously subject to a summation before customers confirm their order by indicating their choices regarding the delivery address and the means of payment.

Then, customers are invited to validate their order.

After validation, orders are automatically registered and become firm and final subject to the content of the next paragraph.

All orders paid by credit card or payment card will only be considered as effective when the relevant payment centers will have agreed.

In case of a payment refusal of these centers, the order is automatically cancelled. The customer is in no position to demand compensation. They are warned by a screen message from the payment center.

Once the order registered, the customer will receive a message confirming the order by email or by mail, (if the order was placed by post and the email address of the customer is not valid).

All orders that are confirmed will be followed by shipping of the order.

No order in shipping process will be able to be cancelled. On the contrary, all cancelation requests and possibly, refund requests from customers before processing the order shall be honored by the company in a reasonable time frame.

For business customers, in case of payment by check, the order will only be valid and issued after reception of the check destined and addressed to the relevant service indicated whilst placing the order and subject to validity of the check.

In case of a payment as of 30 days as of month-end after receiving the bill, the order will only be validated and issued after reception of the signed order form and 30% down payment of the bill.

Article 9 : Validity of the order

Customers' numbers as specified in article 6 are strictly confidential.

Providing any credit card number along with final validation will be considered as evidence towards the entirety of the order, according to the law of 13th March 2000. They will also imply due payment of the order.

This validation is considered as an explicit signature and acceptance of all operations executed on the website.

However, in case of a fraudulent use of their credit card, the customer has the possibility to contact Customer's services after reporting the fraud, by email at : contact@lechocolatdemmanuelbriet.com

Computer-based registers which are kept in the computer systems of the company in reasonable security conditions, will be considered as evidence towards communication, orders and payments intervened between parties.

Unless the company is obviously at fault, data saved in the company's Information System is evidence as to customers' orders. Data on IT or electronic support are considered as valid proof and as such, are receivable in the same conditions and the same probative as all documents that could be established, received or conserved in written.

Customers have full access to data listed in their Customer's account. They can also gather any information they want regarding this data from the Customer's service by emailing the following address : contact@lechocolatdemmanuelbriet.com

Order forms and bills are filed on a reliable and durable support so as to match an accurate copy according to article 1348 of the Code Civil.

Article 10 : Price

Prices are all in euro (€).

Prices indicated of the product index do not include shipping fees. Shipping costs on delivery date are available on the website and at the latest before the customer sends the filled order.

The total cost indicated in the confirmation is the total cost of the products ordered all taxes included such as VAT.

The total price includes the cost of the products and the shipping fee.

Article 11 : Payment

While placing their order, the customer has a choice when it comes to the means of payment :

- By Credit card
- By Payment card

No delivery can occur without confirmation of the order as specified in article 8.

The bill will be sent by email at the address entered on the user account. The customer has the possibility to access their personal account, access their invoice statements and print them if needed.

Business customers can also pay by check or by payment after receiving the bill.

Any payment by check must be issued by a bank domiciled in France, Corsica, Monaco, or the DOM.

The cheque is cashed as soon as it is received.

To enable the company to manage the order in the best manner possible, all cheques must mention they are payable to CHOCOLATS BRIET and along with a copy of the order confirmation email (mentioning the order number) as specified in article 8 within 2 working days after order confirmation to the following address : SARL CHOCOLATS BRIET, 13 rue de la porte Lucas – 51200 Epernay.

No delivery will occur without confirmation as specified in article 8.

The bill will be sent by email at the address entered on the user account. The customer has the possibility to access their personal account, access their invoice statements and print them if needed.

Article 12 : Delivery

12-1- Conditions

The shipping of the order will not occur without full payment of the products and shipping fee. Business Customers can carry out payment after receiving the bill.

12-2- Deadlines


Delivery is made in France, Corsica, Monaco or DOM in the time given while placing the order and redefined in the order confirmation email.

The deadline is observed either by the handing over of the delivery at the recipient's address or if the customer is absent, by a delivery notification.

Other European Union countries

Delivery is made in the time given while placing the order and redefined in the order confirmation email.

Products are the delivery at the entered address given while placing the order, the delivery delay is variable depending on the country. More details in this document.

If the recipient is absent, the shipper will return the following day at the same address. If the recipient is also absent, the order will be sent back to the CHOCOLATS BRIET head office in France.

In case of a delay, you can contact us the Contact rubric of our website, a solution will be provided within 24 hours.

CHOCOLATS BRIETS declines all responsibility off delay of impossibility to deliver due to erroneous or incomplete information given by the customer regarding the delivery of the order.

In any event, according to legal provisions, in case of delivery delay exceeding 10 days and is not due to “force majeure” as specified in article 18, customers will have the possibility to cancel their order within 60 working days from the original delivery date. In that case, if customers receive their order after cancelation, the company will refund the customer entirely (including cost of the product, shipping fees…)

12-3- Fees Shipping is not included in the price on the products featured on the website. These fees vary depending on the delivery address and date chosen by the customer.

The full cost of these fees is indicated in the order summary before confirmation and payment.

12-4- Responsibility

The company declines any responsibility in case of erroneous or incomplete customer information.

The company will use appropriate means to inform the existence of a “force majeure” event so the customer can cancel the order through written response.

If a delivery address is incomplete or unclear, the company reserves the right to call the recipient in order to complete the missing delivery details in so far as the phone number is correct and the recipient available.

Orders featuring an address with a PO box will not be taken into account nor will they be treated.

Article 13 : Right of withdrawal

According to legal provisions of article L.121-26 of the consumption law, customers are entitled to a 7-day withdrawal period from the date of the reception of the product. They then have the possibility to return the order at their expense to the following address: CHOCOLATS BRIET, 13 rue de la porte Lucas - 51200 Epernay

If the 7-day period is to expire on a Saturday, a Sunday, a bank holiday or a day off, it is extended to the next working day. If any customer decides to exercise their right to withdraw their order, they will be totally refunded, except for the return expenses within 30 days maximum following the reception of the return of the order by check or by transfer.

On the other hand, according to legal provisions in article L 121-20-3° of the consumption law, customers do not have the right to withdraw from perishables, especially ganache and consequently all chocolate boxes containing ganache.

No withdrawal will be accepted if the product is unfit for marketing. However, and according to legal provisions of article L 121-19 of the consumption law, the buyer can submit claims to the following address: CHOCOLATS BRIET, 13 rue de la porte Lucas - 51200 Epernay according to article 16-1 or through a form in the contact section of the company website.

Article 14 : Confidentiality

The company implements all means to insure the confidentiality and security of data transferred on the website. That is why the website uses a secured payment module type SSL (Secure Socket Layer).

Article 15 : Personal Data

By ordering through the website, customers agree to the use of nominative data communicated or collected via the website. This information is indispensable for processing the order.

According to legal provisions of French law n°78-17 from 6th January 1978 relative to data processing, files and freedoms, the company declares files containing nominative data to I.T and Freedoms National Commission. Customers have the right to access this data at any time. They can also correct or oppose the nominative data that concerns them.

These rights can be exercised at the following address: CHOCOLATS BRIET, 13 rue de la porte Lucas - 51200 Epernay

Unless an explicit opposition is made by the customer, the company can transfer information concerning the customer to a partner for commercial reasons; this excludes the customer's email address. The customer's email can be used to send messages concerning the company's products and services.

Customers can explicitly object to the disclosure of their personal information if they do not wish for their personal data to be used for prospecting. In that case, they must tick the corresponding box at the end of the identification form.

All requests for additional information regarding this article must be addressed to customer services to the following address: contact@lechocolatdemmanuelbriet.com

Article 16 : Product compliance warranty

According to legal provisions of articles L211-4 and following and R 211-4 and following of the consumption law, the seller must deliver goods consistent with the contract and is liable for any defects found at the delivery and any latent defects of the products.

The seller is also liable for non-conformities that are a result of packaging, assembling instructions or installation when these are his responsibility or supervised by him in the contract.

16.1. Claims

Customers must check compliance of the product at the delivery.

In case of average, damage or missing part on the delivered product, customers must submit their claims to the company within a maximum 2 days following the delivery if these claims regard fresh products.

These claims must be addressed to the company and the products must be returned according to the following procedure :

1) Place the products to return in the original or an equivalent box.
2) The returned parcels must be sent with a return receipt to the address on the delivery form.

Cost of return is at the customer's expense.

16.2. Responsibility

The company declines responsibility if the recipient is absent at the delivery time and the customer withdraws the product with delay or fails to withdraw the product after an availability notice has been delivered to them.

The company guarantees customers that all products are made and packaged following strict quality rules, and preserved according to French norms.

However, the company does not extend the guarantee of products if the customer has not respected the optimal preservation conditions directed on package.

If procedure referred in 16-1 is respected and there is proof that the products are damaged, the customer will be entirely refunded, including price of the order, shipping costs and return costs.

The refund of returned products is made by transfer on the customer's account and occurs within a maximum 30 working days from reception of the parcel on the company's part.

The company will email the customer when the reimbursement has occurred.

Customers will also be offered as well as the refund, the possibility to have their products replaced or a refund as a voucher.

Article 17 : Responsibility

The company has an obligation of means in each step of the order placement and each step following the conclusion of the contract.

The company agrees to be as accurate as possible in the description of the products online.

In all cases, the company's declines any responsibility if the non-execution of these obligations is due to an unpredictable and insurmountable fact from a third person to the contract. Either in case of “force majeure” as defined by the French Jurisprudence and in article 18 of the present.

In the same manner, the company is not liable for any inconvenience or damages relative to the use of internet, especially if the website is temporarily out of service, if an exterior intrusion has occurred, or if a virus has overtaken the website.

Article 18 : "Force majeure"

The liability of one or other party will not be looked into if the execution of the contract is delayed or stopped in case of “force majeure” or fortuitous case, due to another party, a third party, or exterior causes such as flooding, strikes, lock-out, shortage, or increase of the cost of raw material.

Article 19 : Intellectual property

All elements of the website (Photos, illustrations, pictograms, descriptions, logos, brands…) are and will remain intellectual and exclusive property of the company.

Duplication, representation, exploitation, broadcast, or use in any way even partially, of the elements of the website whether they are software, visual, or sound; are subject to prior and explicit authorization from the company, holder of all rights of intellectual property.

However, through the order process, the customer can add image and text on the card that goes with the chosen chocolates. In that case, the customer is the only responsible for the download of the pictures and text he publishes on the website.

Customers will agree not to publish any image or text violating copyright, intellectual property, or image rights of a third and generally speaking of using any image or text of an immoral nature, contrary to customs, law and rules.

CHOCOLATS BRIET agrees to use these elements exclusively to serve the purpose of the order.

Business customers who address their logo or any other hallmarks to the company authorize the company to use this logo within the conditions and purposes provided in the contract and the agreement. The company agrees to exclusively use these elements to serve the purposes and within the conditions given by the customer. Consequently, the company is forbidden to duplicate, adapt, pass on to thirds, represent, translate or modify acronyms, logos, or any other customer's hallmarks without it been explicitly authorized by customers. The company cannot be liable if the use of these hallmarks is consistent with provisions of the present article, indeed customers cannot accuse the company the grounds of intellectual property violation or on any other grounds for that matter.

Article 20 : Modifications

All parties agree that the company can, ex officio, modify their service without any other formality than informing customer by an online warning for a month and bring these changes if necessary on the online terms of sale.

No document or posterior modification at the end of the contract, whatever the form, will have any effect between the parties without taking the form of an amendment duly dated and signed by all parties.

Article 21 : Entirety of the contract

All parties agree that the present contract is entirety of the agreement between these parties and is substitute to any offer, provision or anterior agreements, whether written or oral.

Article 22 : Nonentity

If any of these stipulations ended up being invalid regarding an applicable law measure or a definitive court decision, it would be deemed non-written, without creating the nonentity of the contract or altering the validity of other provisions.

Article 23 : Abdication of responsibility

The fact that one or the other party does not claim the application of one of the provisions in the contract or agrees to its non-execution, whether permanently or temporarily, will not be interpreted as abdication of responsibility of this party to the rights derived from this provision.

Article 24 : Residency

All parties agree that the addresses in the order form are the customer's residence and for the other, the company's head office (or nearest shop).

Article 25 : Applicable law

All of these conditions are subject to the French law. In case of litigation, customers contact by priority the company to come to an amicable solution. Failing an amicable solution, the matter will be brought before the court.

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