These General Terms and Conditions of Sale (hereinafter referred to as “the General Terms and Conditions”) govern relations between ROGER ET CIE – a simplified joint stock company with a capital of €1,500,000, registered with the trade register RCS (Registre du commerce et des sociétés) of Nanterre under the number VAT 432 099 836, with registered office at 32-36, rue des Coudrais, 92330 Sceaux, France, hereinafter referred to as “Chocolaterie Patrick Roger” – and any consumer within the meaning of the law and case-law, wishing to make a purchase exclusively on their behalf via the e-commerce website of ROGER ET CIE (hereinafter referred to as “the Customer”), accessible on the following URL: www.patrickroger.com (hereinafter referred to as “the Website”).
The Customer who validates their order on the Website by clicking on the button “Place order” accepts, without restriction or reservation, the present General Terms and Conditions. The General Terms and Conditions remain applicable until the Customer’s legal guarantees expire.
Chocolaterie Patrick Roger reserves the right to modify the General Terms and Conditions at any time. The General Terms and Conditions applicable at the time of the order are those in effect on the day the order is placed.
No other provision, clause or condition emanating from the Customer shall prevail over these General Terms and Conditions.
The Website offers products for sale (hereinafter “the Products”), featuring a description of their main characteristics (name, quality, composition, content). The associated images are as accurate as possible but not contractually binding on Chocolaterie Patrick Roger.
Products on offer vary according to the season, while stocks last.
The Products featured on the Website shall not, under any circumstance, be the subject of a request to modify their composition or presentation.
In the event of weather conditions that are incompatible with the normal conservation of the Products, Chocolaterie Patrick Roger reserves the right to halt online sale for one or more Products, and any such purchase made by the Customer shall be reimbursed by crediting the card used for payment.
The Product prices listed on the Website are in euros and inclusive of all taxes as well as packaging and preparation costs. However, delivery costs and customs dues are not included and are payable by the Customer.
Depending on the Product, a value added tax of 5.5% or 20% shall apply to orders from mainland France as well as French overseas departments and territories, Corsica and European Union countries. Given the specific preparation, packaging and management costs associated with online sales, the price of Products sold on the Website is different from the price listed in brick-and-mortar shops.
Chocolaterie Patrick Roger reserves the right to modify its prices at any time. The price indicated on the Website at the time the order is confirmed by Chocolaterie Patrick Roger is the one applicable to the Customer.
The price of delivery (transport only) depends on the order’s specifics (weight, geographical area, delivery method) and is communicated to the Customer on the Website during the order process before validation. Except in the case of a free shipping offer, the price of delivery must be paid before shipment is initiated.
The Customer is responsible for gathering the necessary information on customs dues, taxes and local provisions relating to the import of Products into their country. If customs dues, taxes or import duties are payable, they as well as any associated formality shall be borne in full by the Customer who is entirely responsible.
In the event of a payment incident after delivery, Chocolaterie Patrick Roger is entitled to claim back the Products, as the transfer of ownership only occurs after payment in full.
The Customer places an order on the Website to purchase one or more items. The Products are added to their shopping basket, indicating their quantity and price including VAT (hereinafter “the Basket”).
The Customer logs onto the Website and provides all the information and details of the person invoiced and the recipient (name, full address, floor, door code, telephone, etc.) necessary for the order to be processed and delivered. Please note that orders indicating a P.O. Box address will not be processed.
The Basket plus delivery costs can be reviewed and confirmed by the Customer by clicking on the button “Place order”.
The Customer must pay online by credit card: Visa, MasterCard, etc. An SSL security protocol ensures total privacy of the personal information transmitted over the Internet. Please note that American Express cards are not accepted.
The currency used for the transaction is the euro. The amount debited from the account of the credit card used depends on the of the euro exchange rate on the day of debit as well as any exchange charges levied by the bank issuing the card.
The order is only processed once Chocolaterie Patrick Roger has received the payment in full.
Once the order has been paid for and validated by Chocolaterie Patrick Roger, the Customer receives a confirmation email or, where applicable, an email specifying that the Product(s) ordered is (are) unavailable.
In the event of unavailability, the Customer is informed as soon as possible by email. Any sum paid is reimbursed within a maximum of 30 working days by crediting the card used for payment.
Chocolaterie Patrick Roger Products are handcrafted and therefore only available in limited quantities. They may be temporarily unavailable to order, particularly during busy periods, such as the end of year and Easter holidays.
As soon as Chocolaterie Patrick Roger confirms availability, it prepares and dispatches the Products order in accordance with the agreed delivery method.
The parcels are prepared and packaged by Chocolaterie Patrick Roger in closed and solid packaging, so the contents are protected during transport.
A second email confirming the dispatch of the order and specifying the parcel number is sent to the Customer, who can track their delivery on the carrier’s website. In case of courier delivery, the Customer receives an SMS confirming their delivery.
A detailed invoice for the order made out in the Customer’s name is attached to the confirmation email.
Any order confirmed by Chocolaterie Patrick Roger is definitive and cannot be cancelled by either party, except in the cases provided for below, namely in the event of Products unavailability, if the Customer exercises their right of withdrawal or in the case of force majeure.
The data recorded in Chocolaterie Patrick Roger’s computer system constitutes evidence of all the transactions concluded with the Customer.
Chocolaterie Patrick Roger delivers its Products in all geographical areas with the exception of the United States and Russia. However it reserves the right not to perform deliveries if conditions may affect the Product and/or its delivery, most notably weather conditions.
In the event of incomplete or incorrect information given by the Customer at the time of the order, Chocolaterie Patrick Roger reserves the right to contact the recipient directly by phone to gather the missing delivery information, provided that the specified phone number is correct and the recipient can be reached.
Deliveries are made every day — except on Saturdays, Sundays and public holidays — to the place of delivery designated by the Customer, by Chronopost, GLS or DHL carrier, or by courier.
Delivery by courier is only possible (i) for an order placed from Monday to Friday before 3 p.m., (ii) for deliveries performed during the opening hours of Chocolaterie Patrick Roger (iii), and only in inner Paris and the cities listed below:
Fragile or bulky Products must be delivered by car courier. Delivery costs are specified to the Customer before they confirm their order.
|Dispatch times||Delivery times|
All orders confirmed by Chocolaterie Patrick Roger and made from Monday to Friday before noon shall be dispatched the following day.
All orders confirmed by Chocolaterie Patrick Roger and made on Saturday or Sunday before noon shall be dispatched on the following Monday.
Subject to the carrier’s constraints, the order is delivered as soon as possible.
For international shipping, delivery times depend on the country of delivery.
|Livraison par coursier||Within 5 working hours following confirmation of the order by Chocolaterie Patrick Roger|
Exceptionally on Saturdays, some deliveries by courier may be accepted by Chocolaterie Patrick Roger at a special rate.
During busy periods, in particular before Easter, Valentine’s Day and the end of the year, delivery times may be extended – depending on Products’ availability – to five (5) working days for delivery by carrier and one (1) working day for delivery by courier. During these periods, if the Customer wishes to receive their Products before a particular date, deadlines for placing an order may be imposed on the Website.
In the event of a delay in delivery outside peak periods (December-January-February and March-April) that is exclusively attributable to Chocolaterie Patrick Roger and exceeds twenty-four hours (24h), the Customer who has not yet received their order may cancel it free of charge by sending an email to the address email@example.com, combined with a telephone call to the Patrick Roger boutique at 225, rue du Faubourg Saint-Honoré, 75008 Paris, France (+33 1 40 54 06 00 or +33 6 43 77 04 84), unequivocally expressing their intention to cancel the order and obtain a refund.
If despite all its efforts to satisfy Customers late receipt of an order is due to a failure on the part of the carrier or the courier, it shall not be attributed to Chocolaterie Patrick Roger and thus give rise to any reimbursement. Nevertheless, in such a case, it undertakes to make a claim to the carrier or courier in order to obtain compensation for the delivery costs, based on supporting documents provided by the Customer within the time limits stipulated in Article 7 (“commercial guarantee”).
If the recipient is absent, a delivery notice will be left in their letterbox or sent by any means chosen by the carrier (email, SMS, etc.). The parcel must be collected under the conditions specified on the delivery notice, and at the latest within four (4) calendar days following the delivery of the notice, taking into account the fragility of the Products.
If the Customer does not collect their order under the conditions outlined by the carrier and/or the parcel is returned to Chocolaterie Patrick Roger because of insufficient information provided by the Customer, the delivery will be considered as completed and no refund or reshipment to another address shall be made.
In case of a courier delivery, the Customer must remain reachable by phone on the day of delivery. If the Customer is absent for the delivery, or if the courier cannot reach the Customer, the order will be returned to the Patrick Roger boutique at 225, rue du Faubourg Saint-Honoré, 75008 Paris, France, and made available for the Customer to collect during opening hours for two (2) working days. However, delivery costs will not be refunded.
Any order that is not collected within this period of two (2) working days will be considered as completed and therefore not refunded.
Chocolaterie Patrick Roger shall not be held responsible for any deterioration of the Products due to late collection by the Customer either from the carrier or in the shop.
The recipient is required to check whether the parcel received is in good condition and compliant with their order.
Any visibly defective compliance (missing or broken item, damaged parcel, etc.) or apparent irregularity linked to transport conditions shall be the subject of detailed reservations on the delivery slip if it exists, and reported to Chocolaterie Patrick Roger as soon as possible given the perishable nature of the Products, at the latest:
If Chocolaterie Patrick Roger is responsible for the irregularity reported within the aforementioned time limits, it shall exchange the Product(s) at its own expense.
The Customer benefits from the legal guarantee of compliance as mentioned in Articles L. 211-4 to L. 211-13 of the French Consumer Code, and that of defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code, which can be consulted free of charge on the website www.legifrance.gouv.fr.
If the Customer acts under the legal guarantee of compliance, they may choose between treatment of the non-compliance or the replacement of the Product subject to the cost conditions provided for by the French Consumer Code. When the Customer acts under the legal guarantee of hidden defects, they may choose between cancellation of the sale or a discount.
The Customer may exercise these guarantees by sending their claim within the time limits set out above via email at firstname.lastname@example.org, and returning the parcel by post to: Chocolaterie Patrick Roger, 32-36, rue des Coudrais, 92330 Sceaux, France, along with the proof of purchase.
Chocolaterie Patrick Roger does not offer guarantees for:
1/ Products for which the expiry dates specified on the packaging are exceeded on the day of the claim,2/ Damage (delay, non-delivery or non-consumable products) linked to incomplete or incorrect information provided by the Customer, or to a delay in collecting the package after they were absent for the initial delivery,
3/ Damage caused by inappropriate use or storage of the Products by the Customer, or resulting from a cause unrelated to the intrinsic properties of the Products.
The Client is made aware that the chocolates and sweets should be stored in their original packaging between 15°C and 20°C in a dry environment. Degradable by nature, especially in the event of high heat or intense cold, which are incompatible with the proper conservation of the Products, chocolate should not be ordered during these periods.
The Customer should note that our Products may contain traces of nuts, milk, egg, soya and gluten. Moreover, it is advisable to check whether the Products can be imported and consumed in the country of delivery.
In general, the Customer should refer to the description provided on the Website to gain an overview of the Products’ essential properties and specificities, and assess potential incompatibilities depending on the context. The Customer must refrain from ordering if the local outside temperature is above 20°C.
The Customer has a right of withdrawal, which can be exercised under the following conditions:
The Customer has a period of fourteen (14) working days from the day following receipt of the non-perishable Products to exercise their right of withdrawal without having to give any justification.
They must notify their decision by filling in and sending the withdrawal form below or submitting any unambiguous statement with the proof of purchase via email to email@example.com or by post to: Chocolaterie Patrick Roger, 32-36, rue des Coudrais, 92330 Sceaux, France.
The Customer shall return the Products to Chocolaterie Patrick Roger at the address specified above at their own expense, in their original packaging, intact and unopened, under appropriate transport conditions as to preserve their integrity, without undue delay and at the latest within fourteen (14) days following notification of their decision to withdraw – via Colissimo, Chronopost or the tracked parcel services of La Poste (French postal services). The Customer may be held liable for any unnecessary handling of the returned Products resulting in the Product being damaged.
The sums already paid shall be reimbursed within another period of fourteen (14) days from receipt of the decision to withdraw by Chocolaterie Patrick Roger, by the same means of payment as those used to make the order. The costs for returning the goods shall be borne by the Customer.
In accordance with the legislation in force, the right of withdrawal cannot be exercised for the following Products:
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 − especially wine −, the Customer using the Website acknowledges having the necessary legal capacity and agrees to provide and prove their age at the request of Chocolaterie Patrick Roger.
The sale of Products to wine sector professionals or merchants cannot take place on the Website. These products must be ordered separately.
The Customer shall refrain from reselling the Products, which are intended exclusively for personal use or that of the person receiving their order.
The PATRICK ROGER brand is a registered trademark.
All the illustrations, graphics, logos and texts appearing on the Products and their packaging as well as all the elements of the Website or the associated social media pages are and remain the exclusive intellectual property of Chocolaterie Patrick Roger. Any reproduction, exploitation or use of these elements, even partial, is strictly forbidden.
The Customer agrees that their personal data may be processed within 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 accordance with all legal and regulatory requirements regarding security and confidentiality of such data.
The collection and processing of data by Chocolaterie Patrick Roger is performed under the following legal foundations:
Some information is mandatory and necessary for processing the order. A field marked as compulsory left empty is likely to compromise proper processing of the order.
Chocolaterie Patrick Roger collects and processes the following personal data:
The data may be shared with companies that contribute to the relationship with the Customer, such as those responsible for the execution or shipping of orders.
The Customer’s data is kept for a certain period of time compliant with legal provisions or proportionate to the purposes for which it was collected. It may also be kept for a longer period of time depending on applicable legal obligations.
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 the French “Data Protection Act” of 6 January 1978 as amended, the Customer has the right to access, modify, delete, oppose, limit and ask for the portability of processed personal data concerning them.
For any question relating to data protection, or to exercise the aforementioned rights, the Customer may send an email directly to firstname.lastname@example.org or a letter to the registered office of Chocolaterie Patrick Roger with a proof of identity.
Neither Chocolaterie Patrick Roger nor the Customer may be held liable in the event of total or partial non-performance of one of its obligations because of a case of force majeure within the meaning of Article 1218 of the French Civil Code.
If the impediment is temporary, the performance of the obligation shall be suspended, unless the resulting delay requires the termination of the contract. If the impediment is permanent, the contract shall be terminated by operation of law under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code. If the order has not been shipped to the Customer, they shall be reimbursed upon request.
Any urgent administrative decision resulting from the COVID-19 epidemic shall be regarded as force majeure.
If any provision of the General Terms and Conditions is invalidated or deemed inapplicable, this invalidity shall not affect the applicability or validity of other provisions. The invalid or inapplicable clause shall be replaced by the closest possible provision.
These General Terms and Conditions are exclusively subject to French law. Any dispute shall be brought before the competent French courts.
In the event of any difficulty relating to the online sale of Products, the Customer shall contact Chocolaterie Patrick Roger beforehand via email at the following address: email@example.com.
If the claim settlement attempt with Chocolaterie Patrick Roger proves unsuccessful, the Customer can resort to a mediation procedure by contacting the FEVAD (Federation of e-commerce and distance selling – https://www.mediateurfevad.fr):