Preamble :
BERNARD CASTELAIN SARL which capital amounts to 7 622.45 €, with the registered number 94 B 175 at the trade register of Carpentras and whom head office is located Route d’Avignon in CHATEAUNEUF DU PAPE (84230) – FRANCE
Tél : +33 (0)4.90.35.35.35
Fax : +33 (0)4.90.35.35.36
E-mail : info@castelain.fr
ARTICLE 1 : application of the GSC
These general sales conditions apply to all individuals and professionals ordering to the website www.chocolat-castelain.com
The fact of ordering to the website implies the total and entire adhesion of the purchaser to these general sales conditions.
Any particular purchase condition cannot take precedence against the General Sales Conditions, except written express BERNARD CASTELAIN’s preacceptance.
Any contrary condition posed by the purchaser, except of an express acceptance, will be thus inopposable to BERNARD CASTELAIN whenever the moment it may have been informed.
ARTICLE 2 : Order
The order is valid as soon as the customer :
- » Has filled in precisely the provided form entirely and without any error. In case of erro in the wording of the consignee’s address, the seller could not be taken for responsible of the impossibility to deliver the order.
- » Has paid for the order by indicating his bank details on the security form provided.
- » Has confirmed his order by clicking on "order confirmation" button.
As soon as the order is registered, a confirmation e-mail is sent to the customer.
After shipment, all modification or cancellation of the order by the purchaser cannot be taken into consideration and the price paid for it will not be refunded.
The product offers are subject to availability. An unavailable product is automatically withdrawn from the website catalogue.
In case of stock outage, BERNARD CASTELAIN will contact the purchaser. They will agree together to deliver a product with similar characteristics in size and quality to the one initially ordered by the purchaser.
ARTICLE 3 : Payment / Price
Prix :
Price are indicated in euros TTC
The delivery price is extra.
Payment :
Payment in cash when the order is passed.
Only payment by credit card is accepted: Credit Card, Visa, Eurocard, Mastercard.
The other methods of payment are not accepted.
ARTICLE 4 : Delivery
Delivery area :
Delivery in France Metropolitan and in Corsica.
For other destinations, please contact BERNARD CASTELAIN’s Customer Service.
The goods are delivered to the address mentioned by the purchaser during the online order. In case of the delivery address is different from the invoice address, the purchaser has to mention distinctly both address in the order form. The customer will have to mention all necessary information in order that goods are properly delivered. In case of wrong or incomplete information, a second delivery will be done after BERNARD CASTELAIN has received the goods back; this with the help of the preliminary payment for the new delivery costs by the purchaser.
Costs :
Delivery costs are settled whatever the order weight.
Timing :
Order placed before 11.00am will be sent the following day, except if the customer has chosen a specific date.
Delivery in 48h00 by Colissimo.
Absence :
In case of absence, the conveyor lives a delivery note to the consignee in the letterbox asking him to collect his goods at the mentioned address or to contact them to get an appointment for a new delivery.
Due to the fragility of chocolates, in case of goods withdrawal more than 48 hours after its deposit at the post office, BERNARD CASTELAIN cannot guarantee the quality of the product and thus, accept claims.
Delay – Loss :
Each conveyor is committed in the delivery time and thus is the one responsible of it application. In case of no respect of the delivery time, the customer must, first of all, contact the conveyor in order to check that the ordered products are not blocked somewhere. The delivery time exceeds cannot give rise to compensations from BERNARD CASTELAIN.
In case of important exceed of delivery time or difficulties to locate the ordered products, the customer can contact BERNARD CASTELAIN’s Customer Service which will investigate in order to trace the parcel. In such hypothesis, BERNARD CASTELAIN will depend on the conveyor’s lead-time in regards with the loss declaration and refunding of the shipment costs. The customer will only be refunded as soon as the conveyor will confirm that the parcel is lost. Immediately after the conveyor has made its loss declaration, BERNARD CASTELAIN will refund the customer or resend the goods
ARTICLE 5 : Cancellation or order modifications :
Any modification or order cancellation can be asked by the customer as long as his order has not been sent.
This demand has to be done by phone with our Customer Service and immediately confirmed by e-mail.
Once the parcel is shipped, no modification or cancellation would be possible and the price paid for the order will not be given back.
ARTICLE 6 : Receipt.
At receipt, the consignee has to control, with the transport, that the parcel is not damaged and in accordance with his order. In case of damages, delivery mistake or missing, the customer has to notify, date and sign his remarks by hand on the delivery note.
In case this procedure has not been respected, any claim could not be taken into consideration by BERNARD CASTELAIN.
Any notification has to be immediately confirmed to BERNARD CASTELAIN’s Customer Service, in priority by phone or by e-mail within 24 hours.
ARTICLE 7 : Property transfer – Risk transfer :
Product property transfer for the benefit of the customer will be only effective after the complete payment by this last one.
BERNARD CASTELAIN ensures the loss risks and products deterioration until the delivery of those products to the consignee. The risk transfer occurs when the consignee acknowledges receipt of the goods.
ARTICLE 8 : Return /Claim :
Retour :
Any return has to be previously agreed between BERNARD CASTELAIN and customer.
If the customer has made the necessary claims at the delivery of his order (art.6) and if BERNARD CASTELAIN agrees that the products were damaged; BERNARD CASTELAIN will refund the customer or send back the products according to customer’s wish.
Customer has a deadline of 7 days. The return costs are at customer’s charge, except if the goods return is due to BERNARD CASTELAIN’s order preparation mistake.
Any goods return that has not been notified to BERNARD CASTELAIN, will not be accepted. Thus, the sender will have to take back his parcel at his charges
Claim :
BERNARD CASTELAIN’s Customer Service is at customer’s disposal for any demand or claim :
BERNARD CASTELAIN Customer Service
Route d’Avignon
84210 ALTHEN-DES-PALUDS
Tél : 04.90.35.35.35 / Fax : 04.90.35.35.36
E-mail : contact@chocolat-castelain.com
ARTICLE 9 : Retraction right
Retraction right of 7 days does not apply to contracts of perishable foodstuffs, food, like chocolates. Thus the customer cannot take advantage of this right. However, a modification or order cancellation could be taken into account in the case of the order has not been shipped, to the exclusion of any compensations or indemnities.
ARTICLE 10 : Lawsuit
Competent Court.
The law in application is the one of the country where the offer was made. The law in application is thus the French Law.
The contractual information are presented in French and the products sold are in application with the French legislation.
The Court of BERNARD CASTELAIN’s head office is the only one competent for any lawsuit coming from the current General Sales Conditions without exclusion by BERNARD CASTELAIN from referring to another competent Court.