Terms and Conditions of Sale


I. Application and enforceability of the term and conditions of sale

1.1. These terms and conditions of sale are brought to the attention of all customers to allow them to place an order.

1.2. Therefore, by placing an order the client fully and unreservedly agrees to these terms and conditions of sale.

1.3. No special condition or other general conditions originating from the customer may prevail over these terms and conditions without the express written agreement of Villars Maître Chocolatier.

1.4. Any other condition presented by the customer cannot be binding for Villars Maître Chocolatier - except when expressly agreed – and this irrespective of the moment any such condition was brought to its attention.

1.5. The fact that Villars Maître Chocolatier does not avail itself of one or more of these terms and conditions of sale at any given moment shall not be interpreted as amounting to renunciation by the seller to subsequently availing himself of any of the aforesaid conditions.

II. Orders and confirmation

2.1. The customer undertakes to fill in the order form accurately and to complete the various fields (address, delivery address, means of payment, etc). In the event of a mistake in the recipient’s address, Villars Maître Chocolatier cannot be held responsible if it is impossible to make the delivery to the recipient. The cost of sending the parcel to another recipient or another delivery address will be invoiced according to the weight and destination of the order.

2.2. Each request for a product is subject to its being accepted by Villars Maître Chocolatier, who reserves the right to refuse any order due to insufficient stock, incomplete customer details, or any other legal reason. We undertake to inform you within two (2) working days of your placing an order if we are encountering a problem in respecting that order.

2.3. The 7-day retraction period does not apply for contracts relating to perishable and food industry products such as chocolate. The customer cannot therefore invoke it. However, a modification or cancellation of the customer’s order may be taken into account if the parcel is still being prepared. The price will be returned to the customer, less a penalty of 10CHF taxes included to cover administrative and management costs (7 euros)

2.4. However, if the parcel has been handed over to the carrier, it shall not be possible to accept any modification or cancellation of an order, and the price the client paid will not be returned.

 
III. Prices

3.1. The prices given on the order form are in Swiss Francs (CHF) and include all taxes, ex warehouse from our factory and shop in Fribourg. Swiss VAT at 2.5 % for goods and 8% for postage and packing will be applied to orders within Switzerland and the countries of the European Union. Villars Maître Chocolatier may alter the sale price as it wishes.

3.2. Delivery costs are payable on top of the sale price. Delivery costs depend upon the destination and the weight of the parcel.

3.3. Import tax: Any taxes and customs duties which may apply are to be borne by the recipient and are payable on delivery.

IV. Payment on order


4.1. Payment is made online on order by bank card: Visa, Eurocard/Mastercard, or by Postcard (Swiss card). That is why no discount conditions apply, nor any penalty for late payment.

4.2. The currency used for the transaction is the Swiss France (CHF). The amounted debited from the account of the bank card used will depend on the rate of the CHF on the day of the debit and on any exchange costs charged by the bank issuing the card.

4.3. For the order to be processed, the order must be paid in full. Orders that have not been paid for will not be delivered.
4.4. The invoice for your order is available on the ‘My account’ page.

V. Unavailability of products

Information given on the site about the availability of products and services is purely indicative. It only becomes definitive once the order has been confirmed.
No blame shall attach to Villars Maître Chocolatier for the unavailability of a product on delivery given that the client is already informed (by email) prior to the delivery of the order.

VI. Delivery of products

6.1. Preparation and shipping of products

6.1.1. The parcels are prepared and packed by Villars Maître Chocolatier in closed, resistant packages that are appropriate for the contents and for transport conditions.

6.1.2. THE CUSTOMER IS RESPONSIBLE FOR THE INFORMATION PROVIDED ABOUT THE NAME AND ADDRESS OF THE RECIPIENT, WHICH MUST BE ACCURATE, CORRECT, AND COMPLETE (DOOR CODE, FLOOR, TELEPHONE NUMBER, etc.) to ensure that no delivery problems are encountered. Villars Maître Chocolatier shall not be held responsible for returned goods in the event of an inaccurate address or of it being impossible to deliver the address indicated. IF THE GOODS ARE RETURNED OR IF IT IS IMPOSSIBLE TO DELIVER THEM BECAUSE OF INSUFFICIENT INFORMATION OR A MISTAKE IN THE ADDRESS, THE COST OF RE-DELIVERY WILL BE INVOICED IN ADDITION TO THE TRANSPORT COSTS ALREADY PAID.
6.1.3. PLEASE NOTE: orders indicating a P.O. box will not be accepted.

6.1.4. After confirmation of payment, Villars Maître Chocolatier undertakes to process and send the order to the agreed destination in accordance with the chosen route, procedure, and means of transport. Villars Maître Chocolatier insures the goods to the point of delivery, but it is up to the recipient to check the parcel in the presence of the carrier. Any problems with the delivery should be indicated on the delivery slip. If this clause is not respected, it will not be possible to make any complaint against the chosen carrier.

6.1.5. IF THE RECIPIENT IS ABSENT AND THERE IS NOBODY TO TAKE POSSESSION OF THE GOODS ON DELIVERY THE CARRIER WILL LEAVE AN ATTEMPTED DELIVERY NOTICE at the delivery address provided by the client to enable them to collect the goods. In no case shall Villars Maître Chocolatier be held responsible for any deterioration to the goods owing to late collection from the carrier.

6.1.6. The logistics centre that prepares orders is at the following address: Villars Maître Chocolatier – Rte de la Fonderie 18 – 1700 Fribourg – Switzerland.

6.1.7 Villars Maître Chocolatier shall not be held responsible if the product is not delivered for the following reasons: force majeure as defined by the courts, and natural catastrophes.

6.2. Delivery lead times

6.2.1. Delivery lead times depend upon the country of delivery, the day of the week and the period of the year. The following lead times (in working days) are given as an indication only.
Delivery in Switzerland
Order placed day 1 before 2pm
Order shipped day 2
Delivery day 3
Delivery in Europe
Order placed day 1 before 2pm
Order shipped day 2
Delivery day 3-4, or perhaps 5.

These lead times are guaranteed:
-    apart from in the event of force majeure
-    apart from in the event of industrial action by carriers
-    provided that the delivery address be accurate, correct, and complete,
-    provided that the recipient of the order be present at the time of delivery
-    outside peak season
These lead times are guaranteed for orders made on Monday to Thursday (excluding bank holidays at Fribourg in Switzerland) before 2pm (midday) (GMT +1) and where delivery is on a working day in the country of delivery.
NO DELIVERY WILL BE MADE ON SATURDAY AND SUNDAY
PLEASE NOTE: All orders placed on a Friday, Saturday, or Sunday will be shipped the following Monday or Tuesday.
Delivery lead times cannot necessarily be guaranteed during the peak period (from 1 to 31 December).

VII. Transfer of ownership– transfer of risks


7.1. The transfer of ownership of goods to the client does not take place until payment has been received in full.

7.2. Villars Maître Chocolatier insures against loss and deterioration of the product up until delivery of the products to the recipient. The transfer of risks therefore occurs when the recipient accepts delivery of the goods.

VIII. Complaints - Disputes

8.1. Complaints and objection will always be examined with care and attention, on the assumption of the goodwill of the party who takes the trouble to present the grounds for the case.

8.2. On receiving the goods, the customer must check that the delivery corresponds to the order. Any damage should be clearly indicated on the delivery slip and should be dated and signed.

8.3. Any complaint must be made by email using the online form in the ‘Contact’ section, within 3 days of receipt, to Villars Maître Chocolatier customer services. No complaint will be accepted after this time.

8.4. Villars may request that you send proof of the damage (transport letter, photo of the parcel received, etc.) with the complaint. Once the complaint has been studied and accepted by Villars Maître Chocolatier, the customer may choose between reimbursement of the order or re-delivery.

IX. Returns

9.1. Every returned product must be subject to a formal agreement between Villars Maître Chocolatier and the customer, and be returned within 3 days of this agreement, after which period no return will be accepted.

9.2. Any return accepted by Villars Maître Chocolatier in the event of an obvious defect or nonconformity of the delivered goods and that is duly observed by Villars Maître Chocolatier shall entitle the customer to a free replacement to the exclusion of any other indemnity or damages.

X. Right to access and modify data

10.1. Ethics
In order to protect your privacy Villars Maître Chocolatier treats all your personal as strictly confidential. When you make a purchase we only ask you for the information (name, first name, full address, email address) that is necessary for us to handle and closely monitor your order in a professional manner. The data you enter online is recorded on a secure server and immediately encrypted.

10.2. Your rights
In accordance with the French Information Technology and Liberty law of 6 January 1978, you have the right to access and rectify your personal data.
To exercise this right, you can contact us either via the online form or else by post:
Villars Maître Chocolatier – Rte de la Fonderie 18 – 1700 Fribourg - Switzerland
Or by telephone: +41 (0) 26 426 65 00

XI. Guarantees

The BBD (best before date) of our chocolates is indicated underneath each box. Villars Maître Chocolatier guarantees the quality and freshness of its products, provided they are kept in a cool place (between 14 and 20°C), and away from direct sunlight.

XII. Interdiction

Under no circumstances shall the client re-sell the products which are for their personal use only or for that of the recipient of the order.

Thank you for having used http://shop.chocolat-villars.com

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