General Terms and Conditions of sale

1. Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as the “General Terms and Conditions”) govern the relations between the company ROGER ET CIE ‒ a simplified joint stock company with a capital of 1,500,000 euros, registered with the trade register (RCS ‒ Registre du commerce et des sociétés) of Nanterre under the number 432 099 836, with registered office at 32-36, rue des Coudrais, in Sceaux, hereinafter referred to as the “Chocolaterie Patrick Roger” ‒ and any individual wishing to make a purchase via the e-commerce website of ROGER ET CIE (hereinafter referred to as the “Website”) accessible from the URL www.patrickroger.com, hereinafter referred to as the “Customer”.

2. Acceptance and enforceability

The use of the Website to consult the offers of Chocolaterie Patrick Roger and to purchase Products implies unconditional acceptance of the General Terms and Conditions by the Customer.

No other provision, clause or condition emanating from the Customer shall prevail over these General Terms and Conditions.

For all orders placed on the Website, the order is effectively registered when the Customer accepts the General Terms and Conditions by ticking the relevant box, and confirms their order.

Chocolaterie Patrick Roger reserves the right to modify the General Terms and Conditions at any time, on condition that these modifications appear on the Website. The General Terms and Conditions applicable at the time of the order are those in effect on the day the order is placed.

3. Information on the sale of wine

Article L. 3342-1 of the French Public Health Code prohibits the sale and supply of alcoholic beverages to minors and those of equivalent status. Consequently, whether or not they purchase Products, the Customer using the Website acknowledges having the required legal capacity.

The sale of Products to wine sector professionals or merchants can’t take place via the Website but shall be the subject to a specific order.

4. Protection of personal data

The Customer agrees that their personal data may be processed in the framework of their use of the Website and/or orders that may be placed via the Website.

The use of personal data is carried out under the responsibility of the company ROGER ET CIE, in strict compliance with the legal and regulatory requirements of security and confidentiality of such data.

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and with French “Data Protection Act” of 6 January 1978 as amended, the Customer has the right to access, modify, delete, oppose or limit the processing of personal data concerning them.

The Customer also has the right to lodge a complaint with the French National Commission for Information Technology and Civil Liberties (CNIL ‒ Commission nationale de l’informatique et des libertés).

For any question relating to data protection or to exercise the aforementioned rights, the Customer may send an email directly to the following email address: [email protected] or a letter to the registered office of Chocolaterie Patrick Roger as indicated in the General Terms and Conditions, accompanied by a proof of identity.

5. Products

Le Site Internet propose à la vente des Produits accompagnés d’un descriptif détaillé établi par la Chocolaterie Patrick Roger. Les Produits sont proposés dans la limite des stocks disponibles et suivant leur caractère saisonnier. Les photographies des Produits n’engagent pas la Chocolaterie Patrick Roger.

6. Prix

The prices listed on the Website are in euros and include all taxes. However delivery costs are not included.

Depending on the Product, the value added tax of 5.5% or 20% is applied on orders to mainland France and French overseas departments and territories, Corsica and countries in the E.U. Chocolaterie Patrick Roger reserves the right to modify its prices at any time; the price indicated on the Website at the time of the Order is the one applicable to the Customer.

7. Order

The Customer places an order on the Website for one or more items. The Products are added to the basket (hereinafter the “Basket”), which the Customer can review and confirm.

The goods presented on the Website may not, under no circumstances, be modified in terms of their composition or presentation.

The Customer logs onto the Website and provides all the information and details (complete address, floor, door code, phone number, etc.) necessary for the order to be processed and delivered.

The Customer must make sure to specify a delivery address, and a billing address if different.

Orders indicating a P.O. Box address will not be processed.

The Customer must pay online by credit card: Visa, MasterCard, etc.

The currency used for the transaction is the Euro. The amount debited from the account of the bank card used depends on the exchange rate of the Euro on the day of debit, as well as any exchange charges levied by the bank issuing the card.

The order will only be processed upon actual receipt of payment by Chocolaterie Patrick Roger.

The Customer must indicate the number of their card, as well as the expiration date and the three digits of the pictogram on the back of the card.

An SSL security protocol ensures total privacy of the personal information transmitted over the Internet.

Once the order has been paid for and validated by Chocolaterie Patrick Roger, the Customer receives a confirmation email or, where applicable, an email notification that the order can’t be processed.

A detailed invoice for the order, drawn up in the name of the Customer, will be attached in the order confirmation email.

The data recorded in Chocolaterie Patrick Roger’s system constitutes proof of all transactions concluded with the Customer.

8. Delivery

Packages are prepared and packaged by Chocolaterie Patrick Roger in a closed and solid packaging, so that the contents are protected during transport.

The Customer is responsible for the information they provide when placing their order.

Chocolaterie Patrick Roger may not be held responsible for non-delivery of the package due to incomplete or incorrect information.

In the event that a delivery address is incomplete or incorrect, Chocolaterie Patrick Roger reserves the right to contact the recipient directly by phone in order to gather the missing delivery information, provided that the specified phone number is not incorrect and that the recipient can be reached.

As soon as payment is received by Chocolaterie Patrick Roger, its team prepares and dispatches the order according to the procedure and transport method arranged by Chocolaterie Patrick Roger.

The Customer has also the right to choose courier delivery within a delay of three hours choosed by the Customer during opening hours of the selected shop (11a.m - 6p.m)

Courrier delivery is only possible in Paris intra-muros and in the cities mentionned:Asnières-sur-Seine, Boulogne-Billancourt, Clichy-la-Garenne, Courbevoie, Issy-les-Moulineaux, Le Plessis-Robinson, Levallois-Perret, Malakoff, Montrouge, Neuilly-sur-Seine, Puteaux, Suresnes, Vanves ;Aubervilliers, Le Pré-Saint-Gervais, Les Lilas, Montreuil, Pantin, Saint-Denis, Saint-Ouen ;Charenton-le-Pont, Ivry-sur-Seine, Gentilly, Le Kremlin-Bicêtre, Saint-Mandé, Vincennes.

In any cases, an email confirming dispatching of the order and specifying the parcel number is sent to the Customer, who can track the delivery of their parcel on the carrier’s website.

Upon confirmation of the order, the Customer will receive an invoice by email.

When the order is ready to be picked up by the service provider in charge of delivery, the Customer will receive a second email with a tracking number and a link allowing them to track their parcel.

Subject to the carrier’s constraints, the order will be delivered at the earliest date possible.

For shipments in France, any order placed before noon will be shipped the next day, except for orders placed on Saturday or Sunday, which will be processed and shipped on Monday.

For shipments abroad, delivery times depend on the destination country.

During peak activity, in particular from December to April, delivery times may be extended depending on Products availability ( max 5 working days before sending) .

If the recipient is absent, a delivery notice will be left in their mailbox. The parcel must be collected as soon as possible at the address indicated by the carrier on the delivery note. Chocolaterie Patrick Roger shall in no event be held liable for any deterioration of the Products due to late collection by the Customer.

In the case of a courier delivery, the Customer has to stay reachable by phone during the hours chosen. In case of absence of the Customer when delivery or if the courier can't reach the Customer, the order will return to the Chocolaterie Patrick Roger and will be avaiblable for 2 working days. Shipping costs won't be refunded. If the ordered is not withdrawn, it will be considered as canceled and won't be refunded.

If the Customer does not collect their order within the period indicated and/or the package is returned to Chocolaterie Patrick Roger, the delivery will be considered as completed and no refund or reshipment to another address will be made.

The Customer is required to check the good condition of the Products delivered. Any anomaly noted (missing item, damaged package, broken item, etc.) must be reported to Chocolaterie Patrick Roger ‒ within 3 days of receipt in the case of perishable Products such as chocolates and 14 days for other Products such as books ‒ via email at [email protected]

Chocolate is particularly sensitive to climatic conditions, especially to severe heat or intense cold, so the Customer shall refrain from ordering chocolate during periods and/or in regions where weather conditions are incompatible with proper conservation of the Products ordered.

The Customer alone shall determine this potential incompatibilities, for which Chocolaterie Patrick Roger shall not be held responsible.

Furthermore, during periods when weather conditions are incompatible with the conservation of the Products, Chocolaterie Patrick Roger reserves the right to interrupt the delivery of its Products.

Delivery costs including in particular transport costs and, if applicable, customs costs, determined according to the geographical area, the weight and the volume of the package, must be paid by the Customer.

9.Click and collect

A “Click and Collect” purchase is possible regardless of the amount of the order. After having created his basket, the Customer will choose the Click and Collect option and select the store to collect his order. The Customer will be debited for the amount of the order once he has validated the payment on the Website.The Customer must collect their order from the store according to the Terms indicated in the order confirmation email sent to them by the Patrick Roger Chocolate Factory and no later than two working days following the sending of this email. After this period, the order will be automatically canceled and will not give rise to any refund.

10. Product availability

The Products of Chocolaterie Patrick Roger are produced on a small scale and their availability depends on production requirements, particularly during the Christmas and Easter periods.

Availability of the Products listed on the Website is definitive only upon confirmation of the order. Otherwise, the Customer will be informed as soon as possible by email and Chocolaterie Patrick Roger will proceed with reimbursement of the order.

11. Right of withdrawal

In compliance with the legislation in force, the right of withdrawal cannot be exercised when ordering perishable Products, especially for the following Products:

a) goods made according to the consumer’s specifications or clearly customised;

b) goods susceptible to deteriorate or perish rapidly;

c) goods which have been unsealed by the consumer after delivery and cannot be returned for health or hygiene reasons;

For all other Products, the Customer shall have a period of fourteen days from the day following receipt of the Products to exercise their right of withdrawal without having to give any justification or bear any costs other than the costs of reshipping under conditions that preserve Products integrity.

To exercise his right, the Customer notifies by simple letter to Chocolaterie Patrick Roger located at 32 rue des coudrais Sceaux (92330) or by e-mail at [email protected], of his desire to exercise his right of withdrawal. He can use the following form::

Mail to be sent to:

Chocolaterie Patrick Roger 32 rue des coudrais 92330 Sceaux France

On behalf of:
The Customer must insert their name, address and email address, as well as the order number.

I hereby notify you of my withdrawal from the contract concerning the sale of the Products below:

Ordered on:
Received on:
Customer’s name:
Customer’s address:
Customer’s signature:
Date:

The Customer shall return the Products to Chocolaterie Patrick Roger ‒ in conditions that preserve their integrity, in their original packaging, intact and unopened, within 14 days following notification of their decision to withdraw ‒ via “Colissimo Suivi de La Poste” (French postal services).

The sums paid, including delivery costs for the order, will be reimbursed within 14 days of Chocolaterie Patrick Roger receiving the Customer’s decision to withdraw.

12. Right of withdrawa Storage conditions for chocolates, sweets and fruit pastes

Chocolate should be stored in its original packaging, between 15°C and 20°C in a dry environment.

Chocolaterie Patrick Roger shall not be held liable for any deterioration of the Products due to Customer negligence and/or improper storage of the Product.

The customer refers to the description of each product in order to know its essential properties and particularities. The products offered are particularly likely to contain traces of nuts, milk, soya, egg and gluten.

13. Prohibition of resale

The Customer shall refrain from reselling the Products, which are intended for personal use only or that of the person receiving their order.

14. Force majeure

According to Article 1218 of the French Civil Code, force majeure means any event beyond the debtor’s control, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, and which prevents the debtor from performing their obligation. If the impediment is temporary, the performance of the obligation shall be suspended, unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is terminated by operation of law and the parties are discharged from their obligations under the conditions provided for in Articles 1351 and 1351-1.

Neither Chocolaterie Patrick Roger nor the Customer shall be held liable for total or partial failure, non-execution or delay in the execution of one of the obligations in the event of force majeure.

15. Severability and applicable law

If a provision of the General Terms and Conditions is invalidated or declared inapplicable, this invalidity shall not affect the application or validity of the other provisions, the invalid or unenforceable provision will then be replaced by the closest possible provision.

The present General Terms and Conditions are governed exclusively by French law. The Customer may, at their discretion, choose to either bring an action before one of the courts competent under the French Code of Civil Procedure, or before the courts of their residence at the time of the conclusion of the contract or of the harmful event.

16. Mediation

In the event of an unsuccessful attempt to resolve the complaint regarding the services provided by Chocolaterie Patrick Roger, the Customer can resort to a mediation procedure by contacting FEVAD (https://www.mediateurfevad.fr/ ), whose contact details are as follows: [email protected] , Le service du Médiateur du e-commerce de la FEVAD, 60 rue la Boétie , 75008 Paris.