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The present Terms of Sale (TOS) define the terms and conditions pursuant to which an individual consumer orders and buys the products or services being sold by Love-caramel.com. The order of our products implies the entire and clear adherence of the customer to the TOS, exclusive of any other document such as leaflets, catalogues or commercial offers issued by love-caramel.com.
The present TOS governs all product sales irrespective of the recipient's location and with respect to the special conditions displayed on the Web Site. Unless formally and previously agreed to in writing by love-caramel.com, no other terms or conditions can prevail over the Terms of Sale (TOS).
Therefore, any contrary terms or conditions asserted by the customer, failing any express prior written acceptance by love-caramel.com, will be not be valid or enforceable.
1) Orders
To place an order for a Product, the Customer must identify himself, agree with the T.S. and confirm his order
Identification
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 its is different) and his telephone number.
The Customer shall also provide a password that will be personal and confidential.
Love-caramel.com 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, love-caramel.com may require a copy of an ID card before shipping any order.
The customer will inform Love-caramel.com 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.
Love-caramel.com 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. The Web Site Love-caramel.com has been registered with the French "Commission Nationale de l'Informatique et des Libertés (CNIL)" under receipt number .
According to the provisions of Article 34 of the Law " Informatique et Libertés " of January 6, 1978, the customer has the right to access and rectify said files held by Love-caramel.com
Order Confirmation
2) Conclusion of the sales contract
All the commercial information appearing on the Web Site does not legally constitute an offer or a contract. Accordingly, the sales contract between the customer and love-caramel.com will only be entered into sales relation after the customer has placed his order.
The acceptance of order sent by electronic mail by love-caramel.com will indicate the total price of the order in Euros, the order number and a hyperlink to the Web Site where the customer can view a list of the products purchased.
3) Prices
The prices of the products displayed on the Web Site are exclusive of taxes and certain other expenses (VAT, shipping charges, tariffs, insurance, local and/or excise taxes).
The final price of the products the customer intends to order, is indicated on the summary screen of his order and includes the following :
1. the price exclusive of taxes and expenses ;
2. the amount of discount, if applicable ;
3. the amount of the value added tax (if applicable) ;
4. the shipping and handling charges ;
The prices are denominated and payable in Euros.
Prices are subject to change. Love-caramel.com will inform the Customer of any change in prices prior to any new order.
4) Terms of Payment
Love-caramel.com 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 checks in Euros only.
The Customer may print the invoice online once the order is shipped.
5) Shipping and Delivery
The orders made before 12 am (Paris time ) are handled and shipped the same day (except exceptional cases such as temporary shortage of stock, holidays...). The orders made after 12 hours are handled the next working day. Orders are not shipped on Saturday, Sunday and holidays.
Delivery Time
The products are delivered to the address indicated by the customer on his order within a reasonable time defined on the Web site according to the destination of the order and the conditions specific to the shipping carrier. The shipping time is for information only and is not guaranteed. Love-caramel.com cannot be held responsible if delivery is unduly delayed because of local customs.
Shipping Charges
The shipping costs are not included in the product price. These charges vary according to the country of delivery.
The actual shipping cost is indicated on the summary screen before the customer confirms his order (on the Web Site).
Tariffs, duties and local taxes
Tariffs, duties and local taxes in the recipient's country, if applicable, are born by the Customer.
Responsibility
In case of damaged or missing products, the customer must notify Love-caramel.com by registered mail or by electronic mail within 24 hours following delivery and return immediately the products to:
Vamaison
2, chemin de l’Acre St Pierre
27120 Chaignes
France
Love-caramel.com will not be 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 addressee.
No claim will be accepted under these conditions. If the above-mentioned procedure has been followed and if it has been proved that the products are considerably damaged, Love-caramel.com will reimburse the full price to the Customer or will deliver similar replacement Products.
6) Intellectual Property
All Web Site components and packaging components are the exclusive property of Love-caramel.com.
The images, texts, name and logo appearing on the Internet site and all products are the intellectual property of Love-caramel.com and Love-caramel.com 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 terms and conditions provisions constitutes an act of counterfeiting.
7) Responsability
The Customer is responsible for his own choice of roducts 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. In no case shall Love-caramel.com be responsible for any resulting harm or damages.
Similarly, Love-caramel.com will not be responsible if it does not comply with the legislative or regulatory provisions in force in the country of delivery.Love-caramel.com 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.
In any case, Love-caramel.com's responsibility is limited to the lowest of the following:
1. amount of direct damage experienced by the Customer; or
2. amount of the Price of the order.
8) Right of withdrawal
According to article 121-16 of the Consumption Code, the customer may return the products to Love-caramel.com at his own expense within seven business days following the product delivery and request an exchange or reimbursement.
The request for exchange or reimbursement shall be sent to Love-caramel.com by either an electronic mail or a registered letter with acknowledgement of receipt confirmed by Love-caramel.
9) Guarantees
Products
Love-caramel.com assures that the products are manufactured according to strict standards of quality and preservation according to the standards in force.
Love-caramel.com undertakes to do its best to maintain the permanent quality of these products.
However, Love-caramel.com will not guarantee the products if the customer does not meet the optimum conditions of preservation of the products or if the products are consumed beyond the date of preservation indicated on the package.
Moreover Love-caramel.com will not be held responsible in case of Force Majeure as defined and recognized by the French jurisprudence.
Privacy
Love-caramel.com guarantees to never sell, rent or transmit member's personal information and recipient information to any third party. Love-caramel.com reserves the right to use this information internally for commercial prospection exclusively unless the customer requests otherwise.
10) Applicable law and competent jurisdiction
The law applicable to the present Terms and Conditions is governed under French law.
If the customer is a corporation, all disputes related to the present Terms and Conditions will be submitted to the exclusive competence of the courts of the jurisdiction of Evreux.
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