General Terms & Conditions of Sale



 

Effective as of 14/03/2023

 

Preamble: these General Terms and Conditions of Sale have been translated for information purposes only and for better understanding.  The applicable binding version is the original French version which can be found at the bottom of the page.

 

 

ARTICLE 1 - Scope of those terms

 

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reserve, to all sales concluded by the Seller with non-professional buyers ("the Customer"), wishing to acquire the products offered for sale ("the Products") by the Seller on the website https://www.patchi.com/eu . The Products offered for sale on the site are the following: 

Chocolates of different tastes and flavours as well as other cocoa-based products, presented individually or in boxes or other specific assortments with or without gift wrapping.

 

The Seller takes particular care in the presentation of each Product on the Website. The Products are therefore described and presented as accurately as possible. The description is intended to present to the Customer the essential characteristics of the Products before the order is placed. 

In this respect, the following are presented: the name of the Products, the quantity, their price, the information required by the legislation in force according to the nature of the Products (pre-packaged or non-pre-packaged Products), thus enabling the Customer to know their essential characteristics. 

The Seller shall indicate the use-by date on the packaging of the Products or on a leaflet given with the Product.

The photographs of the Products are not contractual and are intended to illustrate the Products for information purposes only.

The Seller takes particular care to ensure the quality of the Products offered for sale on the Website. The Products are stored in optimal conditions of conservation and are prepared and packaged according to strict quality rules.

 

The main characteristics of the Products and in particular the specifications such as the name of the Products, the quantity, their price, the information required by the legislation in force according to the nature of the Products (pre-packaged or non-pre-packaged Products, composition), as well as illustrations and indications of the dimensions or capacity of the Products, are presented on the website https://www.patchi.com/eu which the customer is required to read before ordering.

 

The choice and purchase of a Product are the sole responsibility of the Customer.

 

Product offers are subject to availability, as specified when the order is placed.

 

These GTCS are accessible at any time on the website https://www.patchi.com/eu and shall prevail over any other document.

 

The Customer declares that he/she has read these GTCS and has accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the https://www.patchi.com/eu website.

 

In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.

 

The Seller's contact details are as follows

Melvin & Hamilton Digital SAS

Share capital of 93.000 euros

Registered with the RCS of Paris, under the number 518466644

32 rue d'Argout, 75002 Paris, France

Email : [email protected]

Telephone: +33 (0)1 76 31 10 99

Intracommunity VAT number FR94518466644

The Products presented on the website https://www.patchi.com/eu are offered for sale in the following territories: Austria, Belgium, France, Germany, Netherlands, Poland, Switzerland.

 

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

 

ARTICLE 2 - Prices

 

The Products are supplied at the current prices shown on the https://www.patchi.com/eu/en website, at the time the order is registered by the Seller.

The prices are expressed in Euros, Swiss Francs or US Dollars including taxes.

The prices take into account any discounts granted by the Seller on the https://www.patchi.com/eu/en website.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

 

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

 

An invoice is generated by the Seller and sent to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 - Orders

 

It is the Client's responsibility to select the Products he/she wishes to order on the https://www.patchi.com.eu website, according to the following procedure:

 

The Customer chooses the product(s) he/she wishes to purchase and adds it (them) individually to a shopping basket. The customer can then modify the quantity, add other items or delete one or more items in the basket.

To validate the shopping cart, the customer enters his e-mail address, his mobile phone number, which will be validated by the reception of a unique and temporary code via SMS that must be entered in a box provided for this validation. 

Then, he/she will enter the desired delivery address as well as the billing address (if different from the delivery address).

To definitively validate the order, the customer chooses the payment method and must follow the payment procedure by providing certain information according to the selected method (card number, validity date, authentication code or bank details, Paypal account identifier, etc.). 

After validation of the payment, the order will be validated and the customer will receive a confirmation email at the indicated email address.

 

Product offers are valid as long as they are displayed on the site, within the limit of available stocks.

 

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.

 

Any order placed on the https://www.patchi.com/eu website constitutes the conclusion of a contract concluded remotely between the Customer and the Seller.

 

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

 

The Customer may follow the progress of his order on the site.

 

ARTICLE 3 Bis - Customer area - Account

 

In order to place an order, the Customer is asked to create an account (personal space).

To do so, he/she must register by filling in the form that will be offered to him/her at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address.

The Customer is responsible for updating the information provided. It is specified that he/she can modify it by connecting to his/her account.

To access his personal space and order history, the Customer must login using his user name (email address) and his one-time password, which will be communicated to him after his registration and which are strictly personal. In this respect, the Customer shall refrain from disclosing them. Otherwise, he/she shall remain solely responsible for the use that is made of them.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: [email protected]. This will be effective within a reasonable time.

 

In the event of non-compliance with the general terms and conditions of sale and/or use, the site https://www.patchi.com/eu will have the possibility of suspending or even closing a customer's account after formal notice has been sent by electronic means and remained without effect.

Any deletion of an account, for whatever reason, will result in the pure and simple deletion of all personal information of the Customer.

The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of these general terms and conditions of sale.

 

ARTICLE 4 - Terms of payment

 

The price is paid by secure payment, according to the following methods depending on the customer's country:

  • payment by credit card (CB, VISA, MasterCard)
  • payment by Paypal
  • payment by Klarna (different methods possible depending on the country)
  • payment by Bancontact
  • payment by iDeal

 

The price is payable in full by the Customer on the day the order is placed.

 

The payment data is sent in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the https://www.patchi.com/eu website.

 

Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

 

ARTICLE 5 - Deliveries

 

The Products ordered by the Customer will be delivered in metropolitan France or in the following areas: Austria, Belgium, France, Germany, Netherlands, Poland, Switzerland.

 

Deliveries are made within 3 to 5 working days (excluding Sundays and public holidays) to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

 

If the Products ordered have not been delivered within 5 days after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancelation of the contract, excluding any compensation or retention.

 

Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has himself/herself called upon a carrier that he/she chooses, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

 

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

 

The Customer is required to check the condition of the products delivered. The Customer has a maximum period of 3 days from the date of delivery to make claims by e-mail, accompanied by all the relevant supporting documents (in particular photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim can be accepted by the Seller.

 

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the defects in conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

 

The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

 

ARTICLE 6 - Transfer of ownership

 

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

 

ARTICLE 7 - Right of withdrawal

 

According to the terms of article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the period runs from the date of receipt of the first good. "

 

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTCS.

 

For reasons of food hygiene and safety, the Seller will not accept any return or exchange of foodstuffs, except with the prior agreement of the consumer service. In case of agreement for the return, the Product must be returned in its original condition and packaging and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice. 

 

Damaged, soiled or incomplete Products are not accepted.

 

The cost of returning the Products will be borne by the Customer.

 

The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the Products returned by the Customer under the conditions set out in this article.

 

ARTICLE 8 - Responsibility of the Seller - Guarantees

 

The Products supplied by the Seller benefit from :

  • the legal guarantee of conformity, for defective or damaged Products or those that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

 

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code "The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. "

Article L217-5 of the Consumer Code

"The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where applicable :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity expires after two years from the delivery of the goods.

Article 1641 of the Civil Code.

"The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them. "

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. "

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service. "

In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.

The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Seller shall not be held liable in the following cases

- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

- The photographs and graphics presented on the site are not contractual and shall not engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

 

ARTICLE 9 - Personal data

 

The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.

 

9.1 Collection of personal data

 

The personal data collected on the website https://www.patchi.com.eu are the following:

 

Account opening

During the creation of the Customer/user account: 

Name, first name, postal address, telephone number and e-mail address.

 

Payment

In the context of the payment of the Products offered on the https://www.patchi.com.eu website, no financial data relating to the Customer's / user's bank account or credit card shall be recorded by the Seller.

 

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category or categories of co-contractors is (are) :

  • Transport and delivery service providers
  • The providers of payment institutions

 

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.

 

9.4 Limitation of processing

Unless the Customer expresses his specific consent, his personal data shall not be used for advertising or marketing purposes.

 

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

 

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

9.7 Enforcement of Customer and user rights

In accordance with the regulations applicable to personal data, Customers and users of the https://www.patchi.com/eu website have the following rights:

  • They can update or delete their data in the following way: by sending an e-mail to the customer service.
  • They can delete their account by writing to the address indicated in article 9.3 "Data controller".
  • They can exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data controller".
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
  • They may also request the portability of data held by the Seller to another service provider
  • Finally, they may object to the processing of their data by the Seller

 

These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.

 

The data controller must provide a response within a maximum of one month.

If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual property

 

The content of the site https://www.patchi.com/eu is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

 

ARTICLE 11 - Applicable law - Language

 

These GTCS and the actions arising from them are governed by and subject to French law.

These GTCS are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

 

ARTICLE 12 - Disputes

 

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.

 

The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. 

 

In this case, the designated mediator is

SAS Médiation Solution Consommation

222 chemin de la Bergerie

01800 Saint Jean de Niost

E-mail : [email protected] 

 

The Customer is also informed that he can also use the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm

All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably by the seller or by mediation, will be submitted to the competent courts under the conditions of common law.


 

 

 

ANNEX I

Withdrawal form

 

 

Date ______________________

 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.patchi.com/eu, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

 

To the attention of 

 

Melvin & Hamilton Digital SAS

Retraction Patchi

32 rue d'Argout

75002 Paris

France

 

I hereby give notice of withdrawal from the contract for the goods below:

 

- Order of (indicate date)

- Order number: ...........................................................

- Customer's name: ...........................................................................

- Customer's address: .......................................................................

 

 

Customer's signature (only if this form is notified on paper)


 

 

 

***

 

Note : The following Terms and Conditions of Sale written in French are binding and applicable.


https://patchi.com/eu/fr/policy/terms_and_conditions



AW-11435794919