These General Terms and Conditions of Sale (hereinafter referred to as the “Terms”) apply to the sale of “Corporate Gifts” products between La Maison du Chocolat and any professional customer making a purchase for business purposes (hereinafter the “Customer”), following a request made via La Maison du Chocolat’s online store accessible at the following address: https://cadeaux-entreprises.lamaisonduchocolat.com (hereinafter the “Website”), for delivery to the destinations defined in Article 6.3 of these Terms.
La Maison du Chocolat reserves the right to amend these Terms at any time by publishing a new version on the Website. Customers are invited to review the Terms prior to placing any order. Consequently, placing an order implies full and unconditional acceptance of these Terms by the Customer.
No special conditions or other general terms issued by the Customer may prevail over these Terms without the express written agreement of La Maison du Chocolat. Any conflicting condition proposed by the Customer shall, in the absence of express acceptance, be deemed unenforceable against La Maison du Chocolat, regardless of when it may have been brought to its attention.
The fact that La Maison du Chocolat does not invoke any of these Terms at a given time shall not be interpreted as a waiver of its right to invoke them at a later date.

The Customer is solely responsible for the accuracy of the information provided on La Maison du Chocolat’s website regarding:

• their company (Name, SIRET number, VAT number, purchase order reference, billing address, accounts payable email),
• their employees (First name, Last name, phone number),
• the details of their orders: order reference, selected products and quantities, delivery information (Title, First name, Last name, postal address, phone number, email address).

Any logistical or financial consequences resulting from delivery, invoicing, or payment issues caused by incorrect data entered by the Customer shall be borne exclusively by the Customer.

2.1.

Each product request is subject to acceptance by La Maison du Chocolat. La Maison du Chocolat reserves the right to reject any order due to insufficient stock, incomplete customer information, or for any other legal reason.
We are committed to informing you within two (2) business days following your order if we encounter any issue that prevents us from fulfilling it.

2.2.

La Maison du Chocolat reserves the right to refuse any new order from a Customer who has not settled outstanding payments. The company may also require full payment of all pending invoices (regardless of due date or amount) prior to dispatching any new chocolate orders.

2.3.

Pursuant to Article L221-28 of the French Consumer Code, the right of withdrawal applicable to distance contracts does not apply to contracts for the supply of goods that are likely to deteriorate or expire rapidly. As a result, given the nature of the products, the Customer does not benefit from a right of withdrawal.

2.4.

Once the order has been handed over to the carrier, no cancellation will be accepted and the amount paid will not be refunded.

2.5.

If you use an invoicing platform or wish to include an internal reference on your invoice, please indicate it at the “Payment” step in the field labeled “Your order reference”.

3.1.

The prices displayed on La Maison du Chocolat’s website are expressed in euros and are based on ex-works from our Nanterre workshop. In accordance with the provisions of the French Commercial Code, it is specified that the pricing has been established taking into account, among other factors, the purchase price of agricultural raw materials or processed food products used in the composition of our products. La Maison du Chocolat sources these materials either directly or indirectly from the French or international markets through third parties (producers, suppliers, brokers, etc.). The relationships with these third parties are governed by contracts that are not subject to the provisions of Article L.631-24 of the French Rural and Maritime Fishing Code. The prices paid to these third parties for raw or processed materials are periodically adjusted according to contractual terms, which are protected by trade secret. Reference may be made to the following raw material indicators:

• For cocoa in £/T: Source – Mintec COCOA bean London Ice (COCL2)
• For dairy products → 26% fat milk powder price: Source – ATLA quotation
• For sugar: Crystal sugar price – Source: European Commission - Regulation 2017/1185 Art. 12 (a) - Annex II 1 - France Region 2

Therefore, product pricing is partially based on the cost of agricultural raw materials and/or processed products used in their composition, which are negotiated upstream by the relevant third parties, taking into account, where applicable, projected trends in the referenced indicators. In practical terms, the prices have been defined to include:
(i) the cost of agricultural raw materials or processed products used in the composition of the goods,
(ii) all other expenses (as raw material costs represent only part of the total product cost), and
(iii) the margin necessary for La Maison du Chocolat to continue investing.

3.2.

Delivery charges are additional to the prices indicated. Shipping rates depend on the destination, as well as the number, weight, and volume of the parcels. They include a contribution to the cost of preparing the package and transportation fees.

3.3.

Products are subject to the pricing conditions in effect on the day the shopping cart is validated on La Maison du Chocolat’s website. La Maison du Chocolat reserves the right to revise its general pricing freely at any time.

3.4.

VAT, customs duties, and any other applicable taxes are subject to the regulations in force in the destination country. Customs duties and other applicable taxes are paid by La Maison du Chocolat and re-invoiced to the Customer (the amount appears on the order).

4.1. Payment Methods

The default payment method is by credit card, for which an authorization hold will be placed at the time of ordering, and the payment will be captured upon shipment from our Nanterre facility.

Customers wishing to establish specific payment terms with La Maison du Chocolat must contact the Corporate Sales Department at:commercial@lamaisonduchocolat.com or +33 1 55 51 83 15

When special payment terms have been agreed upon between the Customer and La Maison du Chocolat, a “Payment by Invoice” option will appear during the checkout process. The negotiated payment terms will be specified on the invoices. Invoices are sent by La Maison du Chocolat to the Customer via email, either to the ordering party or to the accounts payable email address, if previously provided in the company account information. Invoices are also available in the “My Account” section of the website. La Maison du Chocolat reserves the right to unilaterally modify the Customer’s payment terms in the event of late payment or changes to the Customer’s credit insurance coverage. In accordance with Article L.441-3 of the French Commercial Code, no discount will be granted for early payment. A late payment penalty of three times the legal interest rate, calculated on the total amount including VAT, will be applied in case of delayed payment. In accordance with Articles L.441-6 and D.441-5 of the French Commercial Code, any debtor who pays an invoice after the due date shall owe the creditor a fixed compensation of €40 for recovery costs.

4.2. Transaction Currency

The currency used for the transaction is the Euro. The amount debited from the credit card account will depend on the Euro exchange rate on the day of the debit and any applicable currency conversion fees charged by the card-issuing bank.

4.3. Credit Card Payment Security

When processing credit card payments on La Maison du Chocolat’s website, our partner Adyen is fully compliant with PCI DSS 3.2 as a Level 1 service provider, which is the key security standard in the payment industry. Adyen is also compliant with ISAE 3402 / SOC 1 (Service Organizational Control 1), which assesses and tests internal controls related to financial reporting within service organizations. Furthermore, as a principal member and licensed acquirer of Visa and MasterCard, Adyen adheres to the operational rules of the card schemes. Adyen is subject to annual audits by Visa, MasterCard, and the banks it partners with.

5.1 Preparation and Delivery of Products

5.1.1

Our order preparation workshops are located at the following address:
La Maison du Chocolat – 41, rue Paul Lescop – 92000 Nanterre, France.
Exceptionally, one of our Parisian boutiques may be responsible for preparing and shipping the order. In such cases, the applicable shipping fees will correspond to the boutique’s dispatch conditions.

5.1.2

Parcels are prepared and packaged by La Maison du Chocolat in sealed, sturdy packaging that is suitable for the contents and meets transport requirements.

5.1.3

The customer is responsible for providing accurate, complete, and precise information regarding the recipient’s name and address (including door code, floor number, phone number, etc.) to ensure delivery under normal conditions. La Maison du Chocolat cannot be held liable for any delivery return due to an incorrect address or an inability to deliver to the specified address in the event of the recipient’s absence.
Recipient phone numbers may be used by our carriers in case of delivery difficulties (missing door code, incorrect street number, wrong contact name, etc.), but under no circumstances will these numbers be used to confirm the recipient’s presence prior to delivery.

In the event of an error in the delivery address details, refusal of compliant goods by the recipient, or the recipient’s absence, La Maison du Chocolat cannot be held responsible for the failure to deliver the order. The order will be considered fulfilled by La Maison du Chocolat and payment will remain due by the customer. La Maison du Chocolat will contact the customer to arrange, if desired, a new order at the customer’s expense, including shipping fees and the product price.

5.1.4

WARNING: Orders specifying a P.O. Box, postal box, and/or CEDEX address cannot be processed. Only orders with a valid physical delivery address will be eligible for delivery.

5.1.5 Delivery Without Courier Service

In the event that the recipient or a person authorized to receive the products is absent, the carrier will leave a delivery notice at the address provided by the customer, depending on the carrier selected.

5.1.6 Courier Delivery

In the event of a failed delivery due to incomplete or incorrect information, or the recipient’s absence, the parcel will be returned by the courier to our Nanterre site and destroyed for food safety reasons. Any redelivery will require sending a new product at the customer’s expense, including the cost of the item and shipping fees.

5.1.7

La Maison du Chocolat cannot be held liable if the product is not delivered due to a force majeure event. All obligations of La Maison du Chocolat shall be automatically and fully suspended, without formal notice, and its liability waived in the event of a force majeure, understood as any event beyond its control that could not reasonably have been foreseen at the time of the written agreement or order placement, and whose effects cannot be avoided through appropriate measures.

The following events shall be considered force majeure, without La Maison du Chocolat having to demonstrate that they meet the criteria defined in Article 1218 of the French Civil Code: events likely to halt or reduce the production or transportation of products, wars, riots, severe weather, storms, cyclones, earthquakes, tidal waves, floods, lightning strikes, droughts, strikes, accidents (including equipment failure), machine breakdowns, explosions, fires, destruction of machinery, factories or facilities of any kind, supply shortages, lack of raw materials, packaging or any other element necessary for the production or packaging of products (including disruption of energy flows such as electricity or gas), transport blockages, interruptions or delays, poor quality or defective raw materials or packaging, computer system infections by viruses, cyberattacks, pandemics, health crises, acts of authority, emergency decisions, and any confinement or requisition measures.

5.2 Delivery Timeframes

The delivery timeframe indicated at the time of cart validation is provided for informational purposes only and may be subject to transport-related delays.

5.3 Deliverable Countries

La Maison du Chocolat delivers to the following countries:

• France, Monaco
• EU Zone: Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Madeira, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden.
• Overseas departments and territories (DOM-TOM) are not eligible for delivery via the online store.

Please note: Overseas departments and territories (DOM-TOM) are not eligible for delivery via the online store.

6.1

Ownership of the products is transferred to the customer only after delivery of the order to the recipient, subject to full payment being received.

6.2

La Maison du Chocolat assumes the risk of loss and damage to the products until they are delivered to the recipient, provided that the delivery address is accurate, complete, and precise. The transfer of risk occurs once the recipient has acknowledged receipt of the products, and no later than five (5) days after the date of the first delivery attempt.

7.1

Upon receipt of the products, the customer must verify that the delivery complies with the order. Any damage must be noted with specific, dated, and signed remarks on the carrier’s delivery slip.

7.2

Any claim must be submitted within a maximum of three (3) days following receipt of the order to La Maison du Chocolat’s Customer Service:

• By mail: La Maison du Chocolat, Customer Service – 41, rue Paul Lescop – 92000 NANTERRE – FRANCE
• By email via the contact form available in the “Contact” section of our website: https://cadeaux-entreprises.lamaisonduchocolat.com/en_fr/contact
• By phone, Monday to Friday from 9 a.m. to 5 p.m. at +33 (0)1 55 51 83 18.

After this period, no claim will be considered.

7.3

Claims must be substantiated and accompanied by evidence of the damage suffered (e.g., delivery slip, photo of the received parcel, etc.). After review and if the claim is accepted by La Maison du Chocolat, the initial product will be resent to the customer at no additional cost.

7.4 Disputes

All contractual relations between La Maison du Chocolat and the Customer arising from the application of these General Terms and Conditions of Sale, and any resulting disputes, regardless of their nature, shall be governed exclusively by French law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980, shall not apply.
The Parties shall endeavor to resolve amicably any disagreements arising from the validity, interpretation, performance, or termination of the commercial relationship between La Maison du Chocolat and the Customer. If no amicable agreement is reached, any dispute shall be submitted to the mediation procedure for agricultural commercial relations or to the business mediator.
In the event of failure of the mediation procedure, any dispute shall be submitted to the exclusive jurisdiction of the Commercial Court of Nanterre, notwithstanding any incidental claim, third-party proceedings, or multiple defendants. This jurisdiction clause shall apply even in summary proceedings or emergency procedures.

Product returns are only possible when the responsibility of La Maison du Chocolat or the carrier is involved (e.g., order preparation error, delivery error such as incorrect time or address, defective delivery conditions, or visible defect/non-conformity of delivered products).

8.1

Any product return must be formally agreed upon between La Maison du Chocolat and the customer and must be made within three (3) days following the agreement. After this period, no return will be accepted.

8.2

Any return accepted by La Maison du Chocolat, in the case of a visible defect or non-conformity of the delivered products, as verified by La Maison du Chocolat, will entitle the customer to either a free replacement or a credit note, excluding any other compensation or damages.

The minimum durability date (MDD) of our chocolates is indicated on the product pages of our website and beneath each box. To best enjoy our chocolates, we recommend selecting a delivery date as close as possible to your intended consumption date.
La Maison du Chocolat guarantees the quality and freshness of its products, provided they are stored in a cool (between 14°C and 18°C), dry place, away from light, and in their original packaging.

La Maison du Chocolat is the owner or licensee of all intellectual property rights related to the Products. Under no circumstances does the sale of products grant the Customer any rights or transfer of ownership over the trademarks, designs, or other distinctive signs under which the products are marketed.
La Maison du Chocolat reserves the right to oppose, stop, or seek compensation for any use deemed unfair, misleading, and/or likely to harm its brand image.

La Maison du Chocolat, as data controller, is committed to respecting your privacy and ensuring the proper management of your personal data. For more information, we invite you to consult:

• Our Privacy Policy
• Our Cookies Policy

As part of their commercial relationship, each Party (La Maison du Chocolat and the Customer) is the recipient of the other Party’s personal data.
Each Party is responsible for the processing of the personal data it has collected and exchanged during the execution of the commercial relationship.
The Parties acknowledge the importance of processing personal data in compliance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as applicable national and European legal and regulatory provisions (GDPR). Neither Party shall be held liable for any failure to comply with obligations that are the sole responsibility of the other Party.
Personal data is intended solely for the Parties and shall not be sold, given, or rented to third parties, except where required by law or judicial order.
Regarding data processed by La Maison du Chocolat, it is hosted within the European Union. This data is retained by La Maison du Chocolat for the duration of the commercial relationship and for three (3) years following its end for archiving purposes, except for data appearing on accounting documents (quotes, purchase orders, delivery slips, invoices…), which are retained for ten (10) years in accordance with legal and tax requirements. Regarding data processed by the Customer, the hosting location and retention period must be communicated to La Maison du Chocolat upon request.
The Parties guarantee, in accordance with Article 1204 of the French Civil Code, that their employees, managers, shareholders, and any subcontractors will comply with all the above obligations. The Parties agree to cooperate with the nationally competent supervisory authority, namely the CNIL in France, and to provide any information it may request in this context.