Conditions générales de vente
Any order received for a product appearing on the online store of the website www.planetechocolat.com (hereinafter the “Planète Chocolat Website” or the “Website”) presupposes the consultation and prior acceptance of these general conditions of sale. The click confirming the order is considered to be full acceptance of the present terms.
The Planète Chocolat Website is owned and operated by the “Europa Space SPRL” company, a private limited liability company, registered with the Brussels trade and company register under the number 503 856 996, its head office located at Rue des Pierres Rouges 6, 1170 Brussels, Belgium.
The company Europa Space SPRL can be contacted on 02 511 07 55 or by e-mail: firstname.lastname@example.org. Its VAT registration number is BE0503856996. The supplier in charge of the direct and permanent storage of the Planète Chocolat Website is the Espace Planete SA company, a Belgian artisan chocolate maker, registered in Brussels under the number BE0475964449, its head office being located in Rue du Lombard, 24 to 1000 Brussels.
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of products offered by Europa Space SPRL to the customer.
Sales concluded online on the Planète Chocolat Website are subject to the condition precedent of confirmation of the availability of the products selected in the order and the effective payment of the order.
2. Selection and confirmation of an order
Orders are placed exclusively via the “Planète Chocolat” Website. Every confirmed order assumes the definite and final acceptance of the prices as well as the product(s) as described on the Planète Chocolat Website.
The order shall not be effective until full payment of the applicable price has been made by the customer.
The minimum order is €7 excluding shipping costs.
3. Confirmation of order
Contractual information shall be the subject of a confirmation email sent to the address given by the customer when placing the order.
Once the order has been confirmed and paid, no modification can be made and NO item can be added to or deleted from it, payment constituting final acceptance of the order.
4. Unavailability of a product
In the event of unavailability of the whole or part of the order, the Europa Space SPRL company shall immediately notify the customer by telephone and/or email using the contact details given by the customer in the order form. The order shall then be considered null and void in respect to the unavailable product(s), and the Europa Space SPRL company undertakes at the request of the customer, no later than five (5) days from the order, to provide either:
- replacement of the unavailable product with an equivalent product in terms of price; or
- a refund of the total amount paid by the customer for the unavailable product(s).
Customers to whom the aforesaid choice is offered by the Europa Space SPRL company shall have twenty-four (24) working hours in which to decide, failing which the restitution will be made in the form of a refund.
The aforesaid refund and/or credit note are a full discharge and the customer recognizes that these constitute entire compensation for any loss.
5. Proof of transaction
The digital records, held in the computer systems of the Europa Space SPRL company in compliance with confidentiality and safety regulations, are valid as evidence between the customer and the Europa Space SPRL company. It is agreed that in the event of divergence between the digital records of the customer and those of the Europa Space SPRL company, the latter shall take precedence.
6. Information regarding products and prices
The products offered for sale on the Planète Chocolat Website are presented in the form of product listings which may include the description, characteristics and ingredients of the product, a photograph thereof (which does not affect the validity of the sale in the event of minimal and/or non-substantial difference from the shipped product, the photographs not being contractual), and the price of the product.
Every effort has been made to ensure the accuracy of the information presented on the Planète Chocolat Website. This information may be modified at any time and without notice by the Europa Space SPRL company. The names and brands of products and manufacturers are used with the sole aim of identification.
7. Use-by date or best-before date
Perishable products sold on the website have a use-by date (DLC) or best-before date (DLUO) of more than 30 days at the time of their order by a customer. Any time frame shorter than this is stated in the product listing.
8. Price and Payment
Orders are payable upon validation of the order on the Planète Chocolat site in the manner chosen by the customer when ordering.
Product prices on the Planète Chocolat website are subject to change at any time. The products will be billed based on the prices displayed on the Planète Chocolat website at the time of registration of the order.
Payment for orders can be made by:
- Credit card: only the types of credit card mentioned on the Planète Chocolat website are accepted (Visa, MasterCard, BANCONTACT/MISTERCASH);
-PayPal, governed by the terms and conditions of and under the exclusive responsibility of the provider of this payment solution;
- Bank transfer to Account #: BE54068934078297
EUROPA SPACE SPRL
Rue des Pierres Rouges, 6
It is up to the customer to save, by any means they deem useful, the transaction-related data (including by printing or saving it in a format of their choice).
The order will be only be taken into account when full payment is received by Europa Space SPRL (or, in the case of payment by PayPal or bank card, when the proof of payment is sent to Europa Space SPRL).
9. Methods of Delivery
9.1.1 Shipment of the Order
Europa Space SPRL will ship the order upon receipt of payment provided the product is available. The estimated delivery date given at the end of placing an order may change due to circumstances outside the control of Europa Space SPRL.
The products are delivered to the address specified by the customer during the order and only to geographic areas served by Europa Space SPRL.
Europa Space SPRL does not accept any liability for damage that occurs after delivery of the product to the customer, or any person entrusted by him to receive the order.
All products leave the premises of Europa Space SPRL in perfect condition and with the longest possible use-by date.
9.1.2 Burden of Risk
The burden of risks related to the loss or degradation of the package is entirely borne by Planète Chocolat during the length of the transport until it is signed for by the recipient.
In the case of damage or shortage, the parcel's recipient must indicate their reserves in writing immediately with the courier and with Planète Chocolat 's customer service by email at: email@example.com within 24 hours of delivery.
Planète Chocolat cannot be held responsible if the recipient is absent at the time or delivery, and/or if the recipient does not collect their package, or does not collect their package in a timely manner from the carrier if the carrier leaves a calling card at the destination address.
9.1.3 Delivery Times
If the package is not claimed after attempting delivery and contact with the recipient and sender: the parcel will be kept for 2 weeks in the warehouses of DHL. After these two weeks, given the perishable nature of chocolate, the package will be destroyed and cannot be re-routed to another address.
9.1.4 Unclaimed Parcels
Planète Chocolat cannot be held responsible for delays in deliveries due to errors in the delivery address, inspection of local customs officers (outside the EU), force majeure or a strike by the carrier.
9.2. Receipt of order
The customer must report in writing to the carrier (or mail man or any other person responsible for the delivery of products) any damage (holes, traces of crushing, etc.) on the package and, when appropriate, refuse to accept the package in the case where the product would be damaged and/or altered. An identical new product will then be delivered to the customer without charge if they have complied with the procedure described in paragraph 10 below.
The exchange of any product declared, a posteriori, damaged during transport, if no reservation has been recorded when the package is received, will not be accepted.
In the case of delay or loss of the package, an investigation will be carried out with the carrier.
In any case, the records of the carrier (or other person responsible for delivering the order) will be decisive and, in case of conflict with the statements and documents submitted by the customer, shall prevail. In the event that a customer persists in insisting the order has not been received at the address indicated during its validation Planète Chocolat's website, their claim may be taken into account at the discretion of Europa Space SPRL, on the condition it is accompanied by:
- A sworn statement written and signed by the customer concerned,
- And a double-sided copy of their identity card.
Europa Space SPRL disclaims all liability for non-performance or improper performance of its obligations insofar as it is the responsibility of the customer or results either from an unpredictable and insurmountable action by a third party, or a case of force majeure.
The customer agrees to accept the order, either personally or through another person to whom they have given a written mandate, and to facilitate the carrier's task, in particular by giving - during the validation of the order online - all relevant data for the proper delivery of the order to their home (in particular, any access codes, additional address information or other supplements). Any delay in delivery that is due to a customer's failure in their contractual obligations, including those mentioned above, shall not give rise to any compensation.
10. Nonconforming Product
10.1. Any non-compliance of a product (damaged packaging, broken products, different product than ordered...) must be indicated on the delivery slip presented by the carrier in the form of "handwritten reserves '' accompanied by the client's signature.
10.2. The customer must inform Europa Space SPRL of this non-compliance:
- Firstly, by contacting them by telephone on receipt of the product concerned, and at the latest within forty-eight (48) working hours after the said receipt;
- Secondly, by confirming the non-compliance by email accompanied by one or more photographs (clear enough to support the claim), and sent no later than seven (7) calendar days (from the receipt of the product concerned) to the following address: firstname.lastname@example.org;
10.3. Any claim relating to a product, regardless of its nature, must imperatively be detailed and clearly state the reasons for dissatisfaction. Moreover, products deemed non-compliant should be stored in a suitable location (cold, if necessary, in the case of products requiring conservation in a cool place, such as products containing cream, ganache and truffles. Other products should be stored in a cool location with an ambient temperature of 18 degrees) to allow Europa Space SPRL, where appropriate, to establish the existence of the alleged non-compliance.
10.4. The claim will not be processed until the customer has fulfilled these terms, in compliance with contractual and legal deadlines.
10.5. A customer who files a claim may withdraw at any time, as long as the products have not been returned to and/or recovered by Space Europa SPRL or any person authorized by it. Any withdrawal of a complaint is final and makes it impossible to file a new claim for the same product.
10.6. If the validity of the claim is recognized, the customer will be offered:
- Either, a full refund of the price paid in respect of the undelivered and/or non-compliant order;
- Or a credit note equal to the cost of the product(s) not received and valid on any new order for a period of twelve (12) months.
The above proposal discharges all obligations and the customer recognizes that it constitutes full compensation for any damages.
10.7. In case of unreasonable complaints, Europa Space SPRL reserves the right to refuse any further orders.
11. Absence of delivery
In the absence of delivery, the consumer must contact Europa Space SPRL:
- Firstly, by email, as soon as the expected date of delivery is past;
- Secondly, by confirming the claim by an e-mail sent at the latest within seven (7) calendar days of the expected date of delivery.
The claim will not be processed until the consumer has fulfilled these terms, in compliance with contractual and legal deadlines.
If the validity of the claim is recognized, the customer will be offered one of the following options, at no extra charge:
- the dispatch of another of the product(s) ordered and not received;
- a full refund of the price paid for the order which was not received;
- a credit note equal to the cost of the product(s) not received and valid on any new order for a period of twelve (12) months.
12. Error in Delivery (delivery of another product than the one ordered)
All products delivered by mistake can be exchanged or refunded as the customer chooses, provided they are returned within seven (7) calendar days (as per the postmark), to Europa Space SPRL, in whole and in perfect condition in the original packaging to the following address: Planète Chocolat, Rue du Lombard, no. 24, 1000 Brussels (Belgium).
The shipping costs will be borne by Europa Space SPRL, except where it occurs that the product does not match the original declaration made by the customer during the validation of the order on Planète Chocolat's site.
13. Right to cancel
The 14 day right of cancel does not apply to contracts for perishable products and foods, such as chocolates. Therefore the buyer cannot rely on it. However, modification or cancellation can be taken into account insofar as the package is still being prepared and has not yet been delivered to the carrier. Any order given to the carrier shall not be subject to the right to cancel. The client must notify Europa Space SPRL customer service by email at: email@example.com. In this situation, and if the buyer has met the above deadline, they will receive an email accepting the cancellation. Europa Space SPRL will reimburse to the card or the PayPal account used for the purchase. Reimbursement will be made within a maximum period of 15 days from the day Europa Space SPRL acknowledges the cancellation.
14. Rights of Use
The use of the trademarks on the Site is strictly prohibited.
None of the products sold on the Planète Chocolat website is for resale to third parties.
15. Force Majeure
Neither party will have breached its contractual obligations, insofar as their fulfillment is delayed, hindered or prevented by an uncontrollable event or force majeure. Force majeure will be understood to mean any compelling fact or circumstance exterior to the parties, that is unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all reasonable possible efforts.
The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of the circumstance.
Both parties will then contact each other, within three months, unless that is impossible due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued.
If the force majeure lasts for longer than a period of one (1) month, these terms may be terminated by the injured party.
16. Partial non validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect.
The failure of either party not to claim a breach by the other party of any of the obligations under the framework of these terms and conditions cannot be construed in the future as a claim to the obligation in question.
18. Governing Law
These terms and conditions are subject to Belgian law. This law applies in both form and substance.
In case of dispute or claim, the consumer will address themselves in the first instance to Europa Space SPRL for an amicable solution. This search for amicable solution does not interrupt the deadline for taking legal action.
19. Protection of Personal Information
All the data you entrust to us is used to process your orders and, with your permission, to send you commercial information. This data is processed by Europa Space SPRL, the controller, which will forward it to its partners (which may, with your permission, send you commercial offers).
Under the Law of December 8, 1992 on the protection of privacy with respect to personal data processing, you have the right to correct, consult, and modify the data held by the seller and, if you have a legitimate reason, require them to delete data you have provided. This right may be exercised online via the following email address: firstname.lastname@example.org.
All orders placed with Europa Space SPRL imply that the customer agrees, without any restrictions, to Europa Space SPRL's terms and conditions of sale.
If sold to a corporation, any disputes concerning the sale (price, CGV, product ...) will be subject to Belgian law before the Tribunal of Commerce of the headquarters of Europa Space SPRL.