GENERAL CONDITIONS OF SALE AND USE

Version 1.0 of 03/10/2016

1. Preliminary mentions

a) Legal notices

To comply with the provisions of the law for confidence in the digital economy of June 21, 2004, the legal notices required to enable the identification of the Beussent Lachelle chocolate factory on this website will be set out below.

This site is published by the company Chocolaterie Beussent Lachelle, Sarl with capital of €232,500, registered in the Boulogne-sur-Mer trade and company register under number 33330827800048, and whose head office is located at 66 route de Dévres, 62170 Beussent. the Beussent Lachelle chocolate factory can be reached by telephone at 0321861762 or by email at the following address: commande@choco-france.com

Intracommunity VAT number: FR55333308278.

The site's publishing director is Fabrice AIGLE-BOUCHER.

The editorial manager is Fabrice AIGLE-BOUCHER.

This site is hosted by the company OVH, whose head office is located at 2 rue Kellermann 59100 Roubaix, which can be reached by telephone at the following number: 1007.

The general conditions of sale were generated using the CGV-expert.fr module.

b) Purpose

This site is freely accessible to all Internet users. It consists of an online product sales site.

c) Acceptance of the general conditions of sale

Subscribing to a contract governed by these general conditions with the Beussent Lachelle chocolate factory on this site presupposes acceptance, by the user, of said general conditions of sale. The user acknowledges having read it fully. This acceptance will consist of the user validating these general conditions.

The user recognizes the evidentiary value of the automatic recording systems of the Beussent Lachelle chocolate factory on this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

Acceptance of these general conditions assumes on the part of users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable. , their legal representative if they are minors, or even that they hold a mandate if they act on behalf of a legal entity.

2. Method of subscribing to orders and purchasing process

Products are sold while stocks last. Product availability is indicated on the site, in the description sheet of each item.

In order to comply with the provisions of the law of confidence in the digital economy of June 21, 2004, the order process will be described below:

In order to place an order, the user can select one or more products and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose. By consulting their basket, the user will be able to check the number and nature of the products they have chosen and will be able to check their unit price as well as the overall price of the order. They will have the possibility to remove one or more products from their basket. This summary will notably indicate to the user whether or not they have the right to exercise their right of withdrawal as well as the deadlines and terms that apply.

If their order suits them and they wish to validate it, the user can click on the validation button, they will then access a form in which they can either enter their connection identifier if they already have one, or register on the site by completing the form presented to them, with their personal information.

Once connected or after having completely completed the form, the user will be invited to check or modify their delivery and billing details, to read and validate these conditions, to confirm their order then will be invited to make your payment by being redirected to the secure payment interface for this purpose.

Once payment has actually been received by the Beussent Lachelle chocolate factory from the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.

Likewise and within the same deadlines, the Beussent Lachelle chocolate factory undertakes to send the user an email summary of the order in order to confirm processing and to communicate all the information relating to the order.

3. Product prices, taxes and delivery costs

The prices indicated on the site are in Euros, all taxes included, and excluding delivery costs. Prices are firm, with no discount, rebate or rebate. These prices can be modified at any time by the Beussent Lachelle chocolate factory. The price applicable to the customer is that in effect at the time of the order.

Delivery costs will, in any case, be indicated to the customer before any payment.

In the event of delivery outside the European Union and the French Overseas Territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and payment of said duties and taxes are not the responsibility of the Beussent Lachelle chocolate factory and will in any case be the responsibility of the user. It is therefore the responsibility of the latter to verify all this data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.

THE PRODUCTS SOLD REMAIN THE PROPERTY OF CHOCOLATERIE BEUSSENT LACHELLE UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RESERVATION OF OWNERSHIP CLAUSE. THE RISKS ARE TRANSFERRED TO THE CUSTOMER FROM DELIVERY OF THE PRODUCTS.

4. Payment information

The Internet user can place an order on this site and can pay by credit card and Paypal.

Payments by credit card are made using secure transactions provided by the following service providers: Paypal and Crédit du Nord.

In the context of bank card payments, the Beussent Lachelle chocolate factory on this site does not have access to any data relating to the customer's means of payment.

The delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof by any means. If payment is not received from the customer within eight days of the order, the order will be canceled and the products put back on sale on the site.

Failure to pay at the end of the term of any sum due to the Beussent Lachelle chocolate factory will give rise to the collection of penalties equal to (3) three times the legal interest rate to which will be added a lump sum compensation of 40 euros for payment costs. recovery. These penalties will be due from the day after the due date of the unpaid sums, without prior notice.

5. Delivery or making available

a) Deadline

Orders are delivered by CHRONOPOST (DPD Groupe), or any carrier designated by Chocolaterie Beussent Lachelle within an average period of 3 working days from receipt of the price corresponding to the order.

Click & collect orders - collection in store - are available within an average time of 48 hours, during certain commercial periods, mainly Easter and end-of-year holidays, it is possible that additional time is necessary for supply time stocks of our handcrafted products such as moldings for example.

In the event of additional delays in the delivery or availability of your order, we will contact you directly to inform you of the availability dates of your products, and if necessary, we will proceed with the modification of the latter.

Certain products or certain order volumes may nevertheless justify a longer delivery time; this will be expressly mentioned to the user's attention during validation of the order.

b) Damage and partial loss

In the event of delivery of a package that is clearly and visibly damaged, incomplete or containing damaged products, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the Beussent Lachelle chocolate factory without delay, so that a new package can be prepared for them, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.

6. Customer service and right of withdrawal

a) Customer service

The customer service of this site is accessible from Monday to Saturday from 9 a.m. to 6 p.m. at the following non-premium rate telephone number: 0321861762, by email to the following address commande@choco-france.com or by post to the following address : Chocolaterie Beussent Lachelle, 66 route de Dévres, 62170, Beussent. In these last two cases, the Beussent Lachelle chocolate factory undertakes to provide a response within two working days.

b) Right of withdrawal

The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the good or the last good.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). To make your procedures easier, you can use the model withdrawal form but this is not obligatory.

For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

In accordance with the provisions of article L121-21-8 of the Consumer Code, consumers will under no circumstances be able to claim the exercise of any right of withdrawal for contracts:

  • the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • supply of goods made to the consumer's specifications or clearly personalized;
  • supply of goods likely to deteriorate or expire quickly;
  • supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
  • for the supply of digital content not provided on a material medium whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

c) Effects of withdrawal

In the event of withdrawal by you, we will reimburse you for all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, another delivery method). than the less expensive standard delivery method offered) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of dispatch of the goods, whichever date is the earlier of these events.

You must return or return the goods without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw to us. This deadline is deemed to be respected if you return the goods before the expiry of the fourteen day period.

You will have to cover the direct costs of returning the goods. The cost of returning the good when it, due to its nature, cannot normally be returned by La Poste will be indicated by the Beussent Lachelle chocolate factory prior to the conclusion of the contract.

Your liability is only incurred with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.

The return of products is carried out at the risk and expense of the customer.

7. Guarantee for products purchased on this site

In the event of a defect in a product purchased on this site, the user has, in accordance with the provisions of articles 1641 et seq. of the civil code regarding the legal guarantee against hidden defects, a period of two years from the date of observation of said defect to request cancellation of the sale or a reduction in the sale price (article 1644 of the civil code) and, in application of articles L211-4 et seq. of the consumer code, in the event that the delivered good is not is not compliant, the consumer will have a period of two years from receipt of said product to request repair or replacement subject to the cost conditions provided for in article L. 211-9 of the Consumer Code . The consumer is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

In order to exercise one of these rights, it will be up to the customer to contact the customer service of the Beussent Lachelle chocolate factory.

Certain objects acquired on this site benefit, in addition to the guarantee against hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L211-5 of the consumer code which are, where applicable, always applicable and which are defined above, a conventional guarantee offered by the seller or the manufacturer, the duration of which will be likely to vary depending on the product, and which will be detailed in particular on the descriptive sheet and the instructions for use of the product. Any commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

8. Provisions specific to the nature of certain products

All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force in France. The obligatory displays required by the legislative and regulatory provisions in force are made on this site, and in particular in the description sheet of each article.

The food products offered on the site are in strict compliance with the health standards applicable on French territory.

The products sold on the site are stored and sold under the hygiene and temperature conditions prescribed for their optimal conservation. Their delivery method is also suitable for their conservation.

Products should be stored in accordance with the product's instructions for use.

The best before date (BBD) and/or the best before date (DLC) will be indicated on the product description sheet.

9. User space

a) Creation

The creation of a user account is an essential prerequisite for any order from a user. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of termination of the contract at the initiative of the Beussent Lachelle chocolate factory and deletion of the user account.

Certain information will be deemed essential for the conclusion of the contract and its collection will be essential for the creation of the account and the validation of the conclusion of the contract. Refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the order.

b) Operation

This space allows the user to consult all their orders placed on the site, and also allows them, if necessary, to follow the delivery of the products purchased.

If the data contained in the user account were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the Beussent Lachelle chocolate factory on this site could not be engaged, these information having no probative value but only informative. the Beussent Lachelle chocolate factory, however, undertakes to securely store all contractual elements whose conservation is required by law or regulations in force.

the Beussent Lachelle chocolate factory reserves the exclusive right to delete the account of any user who has contravened these general conditions (in particular but without this example having any exhaustive nature, when the user has knowingly provided erroneous information, when of its registration and the creation of its account) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damage to the excluded user who will not be able to claim any compensation as a result.

This exclusion does not exclude the possibility, for the Beussent Lachelle chocolate factory, of taking legal action against the user, when the facts justify it.

c) Password

When creating the user account, the user will be asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his account and he is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

10. Exemption from liability of the Beussent Lachelle chocolate factory

a) Accessibility to the site and force majeure

In the event of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim damage and will not be able to claim any compensation.

The unavailability, even prolonged and without any limitation period, of one or more products, cannot constitute harm to the user and cannot in any way give rise to the granting of damages from the site. or its publisher.

the Beussent Lachelle chocolate factory cannot under any circumstances be held responsible for non-performance of the contract which may be attributable to a case of force majeure, within the meaning given by French courts.

b) Visual representation of the products

The visual representations of the products, published on this site, are guaranteed by the Beussent Lachelle chocolate factory to be perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of colors or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences cannot under any circumstances be attributed to the Beussent Lachelle chocolate factory, which cannot under any circumstances be held liable as a result.

c) Products sold on the site

the Beussent Lachelle chocolate factory undertakes to respect all applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.

the Beussent Lachelle chocolate factory on this site cannot under any circumstances be held responsible for the misuse of the products, poor maintenance of the products, accidental damage or even abusive use of the products.

d) Hypertext links

The hypertext links present on this site may refer to other websites and the Beussent Lachelle chocolate factory on this site cannot be held responsible if the content of these sites contravenes the legislation in force. Likewise, the Beussent Lachelle chocolate factory on this site cannot be held responsible if the user's visit to one of these sites causes them harm.

11. Newsletter from the Beussent Lachelle chocolate factory and its partners

By checking the box provided for this purpose or by expressly giving their agreement to this end, the user accepts that the Beussent Lachelle chocolate factory can send them, at a frequency and in a form that they determine, a newsletter (letter of information) which may include information relating to its activity. When the user checks the box provided for this purpose, he agrees to receive commercial offers from the Beussent Lachelle chocolate factory on this site for products and services similar to those ordered.

Subscribed users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

Likewise, the user who has accepted the communication of personal data (and in particular his email address) to third party partners of this site by checking the box provided for this purpose, may be required to receive newsletters (newsletters). information) issued by these partners, whether commercially or not, at the frequencies and in the forms determined by said partners.

The user has the option to unsubscribe at any time by clicking on the link provided for this purpose, present on each of the newsletters (information letters) issued by said partners. Failing this, the user has the option of unsubscribing by directly contacting the issuer(s) of said newsletters (information letters). the Beussent Lachelle chocolate factory on this website cannot under any circumstances be held responsible for the content, data or form of the newsletters (newsletters) sent by said partners, regardless of the damage that may have been suffered by the user. . Any complaint must be made directly to the issuer of the newsletter (information letter).

12. Notices relating to the Data Protection Act

a) General – Purpose – Duration

The user has the freedom to provide personal information about him. The provision of personal information is not essential for browsing the site. On the other hand, registration on this site requires the collection, by the Beussent Lachelle chocolate factory, of a certain amount of personal information concerning the user. The user who does not wish to provide the information necessary to create a user account will not be able to place an order on this site.

The data collected is necessary for the proper administration of the services offered on this site as well as for the Beussent Lachelle chocolate factory to comply with its contractual obligations. These data are kept by the Beussent Lachelle chocolate factory in this sole capacity, and the Beussent Lachelle chocolate factory undertakes not to use them in any other context, nor to transmit them to third parties, without the express agreement of the users or in cases provided for by the law.

The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period of time necessary for the proper administration of the site and normal use of the data. This data is kept in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.

b) Right of access, rectification and opposition

In accordance with the Data Protection Act, the user has the right to oppose, question, access and rectify the data he has provided. To do this, simply make a request to the Beussent Lachelle chocolate factory on this site, by sending it to the following email address: commande@choco-france.com, or by post to the head office address. of the Beussent Lachelle chocolate factory mentioned at the top of these general conditions.

The personal data collected are subject to computer processing and are exclusively reserved for the Beussent Lachelle chocolate factory on the site.

The data controller is Fabrice AIGLE BOUCHER.

CNIL declarant number:

c) IP address

In addition, the Beussent Lachelle chocolate factory reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same period as the personal information and will only be intended to allow proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.

the Beussent Lachelle chocolate factory must communicate all personal data relating to a user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of any computer may be compared with the actual identity of the subscriber held by the ISP (internet service providers).

13. Notices relating to the collection of “cookies”

a) General – Purpose – Duration

In order to allow the user optimal navigation on this site as well as better functioning of the various interfaces and applications, the Beussent Lachelle chocolate factory may install a cookie on its computer station. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by the user during their visit (searches, login, email, password). These cookies are intended to be kept on the user's computer station for a variable period of up to 12 months, and can be read and used by the Beussent Lachelle chocolate factory during a subsequent visit by the user to this site. site.

b) Right to object to the installation of the cookie

The user has the possibility to block, modify the retention period, or delete this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents them from using certain services or functionalities provided by the Beussent Lachelle chocolate factory, this malfunction cannot in any way constitute damage to the user who will not be able to claim any compensation for this.

c) Deletion of cookies

The user also has the possibility of deleting cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action has no impact on their navigation on this site, but causes the user to lose all the benefits provided by the cookie. In this case, he will have to re-enter all the information concerning him.

14. Intellectual property on the elements of the site

All the elements constituting this site belong to the Beussent Lachelle chocolate factory or are subject to an operating authorization and are protected by legislation relating to intellectual property.

The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings against him or her. by the Beussent Lachelle chocolate factory or its beneficiaries.

This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.

Likewise, the user acknowledges being informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be subject to legal proceedings for economic parasitism.

15. General provisions and applicable law

a) Modification of the general conditions

These general conditions may be modified at any time by the Beussent Lachelle chocolate factory on the site or its agent. The general conditions applicable to the user are those in force on the day of their order. the Beussent Lachelle chocolate factory obviously undertakes to keep all its old general conditions and to send them to any user who requests them.

b) Applicable law and competent jurisdictions

These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French, any version available in a foreign language on the site is for informational purposes only. Likewise, this site may be translated into various languages in order to facilitate navigation for non-French-speaking users who would like to order on the site.

IN THE EVENT OF A DISPUTE WITH A CUSTOMER WHO HAS THE QUALITY OF A MERCHANT, IN THE MEANING GIVED BY THE JURISDICTIONS UNDER FRENCH LAW, EXCLUSIVE JURISDICTION IS ASSIGNED TO THE COURTS IN WHICH THE PUBLISHER IS ESTABLISHED.

c) Amicable settlement of disputes

Except for public order provisions, any disputes which may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the discretion of the Beussent Lachelle chocolate factory on the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action.

The consumer can also resort to the consumer mediator on whom the Beussent Lachelle chocolate factory depends. Please note that a dispute cannot be examined by the consumer mediator when the consumer does not justify having previously attempted to resolve their dispute directly with the Beussent Lachelle chocolate factory.


Contact details of the consumer mediator:

  • Name of mediator:
  • Address :
  • Telephone number:
  • Website :

d) Divisibility

If one of the clauses of these general conditions were to be declared null by a court decision, this nullity cannot entail the nullity of all the other clauses, which would continue to have their effect.

e) Non-waiver

The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver of availing themselves of the rest of the general conditions.

If a consumer wishes to cancel their order, they can use the form below.

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WITHDRAWAL FORM MODEL

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of Chocolaterie Beussent Lachelle, 66 route de Dévres, 62170 Beussent. Reachable at 0321861762 or by email at the following address: commande@choco-france.com

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

- Ordered on (*)/received on (*): ..................................... ...................

- Name of the consumer(s): ....................................... ...................

-Address of the consumer(s): ....................................... ..................


Signature of the consumer(s) (only if this form is notified on paper): ....

Date : ................................................ ..........



(*) Delete what is unnecessary.

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16. Use of loyalty points

When placing an order, the customer can accumulate loyalty points up to 1 point per 10€ of purchase.

Points can be accumulated over a period of 210 current days, and also have a value of €1 per point acquired upon delivery of the order.

The minimum points required to trigger the voucher is 15 points, or €15 reduction valid only on the Tablets, Bites and Gourmandises ranges.

At the end of the validity of the points, they will be automatically canceled.