PREAMBLE

1- Acceptance

2- Products

3- Availability

4- Price

5- Payment

6- Security and confidentiality of data

7- Orders

8- Delivery

9- Force majeure

10- Cancellation and returns

11- Warranties

12- Customer Service

13- Evidence

14- Intellectual property

15- Responsibility

16- Nominative information

17- Litigation

PREAMBLE

The General Conditions of Sale, hereinafter referred to as “these conditions”, define the rights and obligations of the parties in relation to sales made on the website www.diogovazchocolate.com.

They are concluded between on the one hand, DIOGO VAZ (SARL SARIE International), and on the other hand, any person wishing to place an order of product(s) via the website “diogovazchocolate.com” hereinafter referred to “the customer”.

These conditions only concern persons having the legal capacity to contract. The products and/or services offered on the website “diogovazchocolate.com” are only marketed in an exclusive distribution network, and are therefore only intended for the personal use of customers. Therefore, the customers or the recipients of the products are prohibited from any resale, hiring, or distribution (wholly or partly) of the product (s) to particular or professional third parties.

The order of products presented on the online store diogovazchocolate.com is subject to the acceptance by the customer of the entirety of these, exposed below.

These general conditions of sale prevail over all other conditions, especially those in force for sales in store or other media marketing the same products and are binding on the customer regardless of the special clauses added by him – unless expressly agreed by the seller – neither for advertising documents issued by DIOGO VAZ, nor for any other document.

As such, DIOGO VAZ reserves the right to adapt or modify at any time these General Conditions of Sale. In the event of modification, the General Conditions of Sale applicable to the order will be those in force on the day of final payment of the order.

1- ACCEPTANCE

The customer acknowledges and agrees that it has read and accepted without any reserve the General Conditions of Sale, applicable to the sales contract. The customer’s acceptance of these conditions is confirmed by ticking the box “acceptance of the General Conditions of Sale” or “validation click”, as well as by the communication of his bank details for payment of his order.

DIOGO VAZ will validate the order of the customer by the sending a confirmation of order email.

2- PRODUCTS

The photographs illustrating the products offered on diogovazchocolate.com online store try to describe the products with the greatest accuracy. However, DIOGO VAZ may have to modify any product, in particular to improve its quality or its presentation. Therefore, these photographs cannot be considered as contractual and any variations in the representation of the products cannot be the responsibility of DIOGO VAZ nor affect the validity of the sale subject to the guarantees envisaged in the article 11 of these conditions.

As part of a pre-order, DIOGO VAZ cannot be held responsible for any changes in the quality, material, packaging or price of the products, which occurred between the time of placing the pre-order and the official release date of the product(s).

3- AVAILABILITY

The offers of products and / or services and prices indicated are valid as long as they are posted on the website www.diogovazchocolate.com, within the limits of available stocks and the period of the order.

In the event of unavailability of product(s) after placing an order, DIOGO VAZ will inform the customer by e-mail and offer to either provide replacement products with characteristics and qualities similar or superior to a price equal or greater, or to provide a refund if the customer’s bank account has been debited.

4- PRICE

The price is expressed in euros TTC. The prices shown on the product pages do not include transport or delivery. The price charged to the customer is the price indicated on the order confirmation sent by DIOGO VAZ. This price is expressed with all taxes included (including VAT for France and the EU countries).

DIOGO VAZ reserves the right to change prices at any time. However, for any accepted order, it guarantees the rates charged on the date of confirmation of the order it has sent to the customer.

5- PAYMENT

The price of the products is payable in cash on the day of the actual order.

Payment is made by credit card bearing the initials CB, Visa, Eurocard / Mastercard, or by PAYPAL account. The order validated by the customer will be considered effective only when the banking centers concerned have given their agreement. In case of refusal of said centers, the order will be automatically canceled and the customer notified by email. In addition, DIOGO VAZ reserves the right to refuse any order from a customer with whom there is a dispute.

6- SECURITY AND CONFIDENTIALITY OF DATA

For the security of your payments the site www.diogovazchocolate.com uses Atos SIPS, the payment solution by credit card in relationship with our bank HSBC . With this system, your payment by card is made directly on the secure server of our bank HSBC on our behalf. To provide you the best quality of service and security, we also offer payment via PayPal platform (with or without a Paypal account).

At no time will your card number be communicated to us. The exchanges are encrypted and secure thanks to the SSL 3 protocol (Secure Socket Layer) on the Internet, a protocol that has become a global standard and is usable by the main browsers.

7- ORDERS

Automatic registration systems are considered as proof of the nature, content and date of the order; DIOGO VAZ confirms the acceptance of its order to the customer to the email address that it has communicated. The sale will be concluded only after the confirmation of the order. DIOGO VAZ reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order. The products can only be delivered to the delivery address specified by the customer during the ordering process, or if the available stock does not meet the customer’s request.

The transfer of ownership of the products for the benefit of the customer takes effect only after full payment of the price by the customer.

8- DELIVERY

As of the confirmation of the payment of the order (for the payments by card, agreement given by the bank payment centres), DIOGO VAZ delivers to its carrier all the references ordered by the buyer, limited by the available stock.

Our deliveries in Metropolitan France will be within 24h to 48h via the DPD carrier.

Our european deliveries (list of countries delivered) are handled by DPD.

For deliveries outside mainland France, the customer agrees to pay the customs fees, the taxes due on the importation of products ie customs duties, value added tax, and any other taxes due under the laws of the country of receipt of the order.

8.1. Preparation and fulfillment of products

The packages are prepared and packaged by DIOGO VAZ in a closed, resistant packaging, appropriate to the content and transport requirements.

The customer is responsible for the information relating to the name and address of the recipient, which must be accurate and complete (door code, floor, phone, …) to allow delivery under normal conditions. DIOGO VAZ cannot be held responsible for a return delivery due to an address error or an impossibility to deliver to the address indicated.

DIOGO VAZ insures the goods up to the place of delivery, but the recipient must check the parcel in the presence of the deliveryman.

Upon receipt of the products, the customer must ensure the conformity of the delivery with his order. Any damages must be the subject of precise reservations, dated and signed, on the delivery note. Any anomaly during the delivery must be indicated on the delivery note. Without compliance with this clause, no reimbursement procedure with the selected carrier can be initiated.

In the absence of the recipient or of a person who can take possession of the products during the delivery, the carrier will deposit a notice of passage to the delivery address indicated by the customer inviting him to withdraw the products. In any case, DIOGO VAZ cannot be held responsible for any deterioration of the products due to their late withdrawal from the carrier.

After validation of the order, a maximum of 24 hours is necessary for our shipping department to have the time to process the delivery of the package to the carrier in charge of delivery.

Orders indicating a postal box address cannot be taken into account.

8.2. Delivery time

Delivery times within France are 24 to 48 hours, excluding the Christmas period, and 2 to 8 days for european delivery (list of countries delivered), depending on the country of destination. The indicated deadlines are deadlines expressed in working days, except in the event of force majeure including strike of the transporters making delivery impossible during that period. Deadlines apply for pick-up from Monday to Friday (except public holidays) and deliveries are made on the non-holiday days of the destination country.

These time frames are given as an indication, and no compensation can be requested from DIOGO VAZ in the event of non-compliance with these time frames.

9- FORCE MAJEURE

Considered as force majeure releasing the seller from its obligation to deliver are the risks relating to heat, war, riot, fire, strikes, accidents and the impossibility of products being supplied especially in the event of the failure of any of its suppliers or delivery services.

10- CANCELLATION AND RETURNS

The 14-day cancellation period (provisions of Article L121-16 of the French Consumer Code) does not apply to contracts for the supply of perishable products, such as products sold by the diogovazchocolate.com site. Also, the customer cannot take advantage of it.

A modification or cancellation by the customer may be taken into account to the extent that the package is in preparation and has not yet been delivered to the carrier.

This possibility will be considered on a case by case basis. In case of cancellation, the customer will be reimbursed for his order. On the other hand, from the moment the parcel is shipped, no modification or cancellation can be taken into account and the price paid will not be returned.

10.1 Returns

The customer is required to check his parcel on arrival. It has a period of 2 days to make any reservations with the carrier and DIOGO VAZ in case of problem and / or deterioration.

Any return of product must be the subject of a formal agreement between DIOGO VAZ and the customer and be returned within 48 hours of the agreement. After this period, no return can be taken into account. Any return accepted by DIOGO VAZ, in the event of an apparent defect or nonconformity of the delivered products, which will be confirmed by DIOGO VAZ, will allow the customer to obtain a replacement product free of charge or the return of a credit to his account, to the exclusion of any other indemnity or damages.

Returns must concern new items in their original packaging, accompanied by all their accessories, instructions for use and documentation. Items returned incomplete, damaged or soiled will not be refunded.

In case of abnormal or abusive returns, DIOGO VAZ reserves the right to refuse a subsequent order.

Returns must be sent to the following address: DIOGO VAZ Customer service – SARIE INTERNATIONAL, 4 Rue des Germines, ZI Actiloire, 45190 Beaugency, France.

11- WARANTIES

The deadline for the consumption of DIOGO VAZ products is indicated on the packaging. It is different depending on the variety of products selected.

DIOGO VAZ guarantees the quality and freshness of its products provided that the storage conditions indicated on their packaging have been respected.

12- CUSTOMER SERVICE

Customer service is available Monday to Friday from 9am to 6pm.

If you have any questions regarding your order, please contact us via email: contact@diogovazchocolate.com. Alternatively, you can get in touch using our contact form.

13- PROOF

Unless proven otherwise, the data recorded by DIOGO VAZ constitutes the proof of all the transactions passed by DIOGO VAZ and its customers.

14- INTELLECTUAL PROPERTY

The site diogovazchocolate.com, the entirety of its contents, as well as all rights relating thereto, are the exclusive property of DIOGO VAZ.

All texts, works, illustrations, brands and images reproduced or represented on the diogovazchocolate.com online shop are protected by copyright and industrial property rights for the whole world.

As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use subject to different or even more restrictive provisions of the Code of Intellectual Property is authorized. Any reproduction or total or partial representation of the site or all or part of the elements found on the site is strictly prohibited. Any establishment of hypertext links to the site without the express permission of DIOGO VAZ is also strictly prohibited.

Any fraudulent use of the brands, models, logos and names appearing on the Site, in fraud of the rights of DIOGO VAZ constitutes an act of counterfeit likely to engage the responsibility of its author on the basis of articles L713-2 and following of the Code intellectual property, and Community and international texts on the subject.

15- RESPONSIBILITY

The products offered are in accordance with the French legislation in force and the standards applicable in France, including health standards. DIOGO VAZ cannot be held liable for failure to comply with the legislation of the country where the product is delivered. It is the customer’s responsibility to check with the local authorities the possibilities of importing or using the products. DIOGO VAZ is released from any legal responsibility if the payment of the taxes was not carried out by the customer.

The responsibility of DIOGO VAZ is systematically limited to the value of the product in question, value at its date of sale and without possibility of recourse to the other members of DIOGO VAZ.

DIOGO VAZ will not be responsible for the content of the information provided on the sites pointed by any hypertext links of the diogovazchocolate.com online shop.

The online store diogovazchocolate.com is not intended to sell to professionals. Consequently, it cannot be held liable for any damage whatsoever resulting from a professional activity (operating loss, loss of profit, loss of opportunity, damages and costs).

With regard to food, the dates of consumption indicated on the products sold must be respected by the customer.

DIOGO VAZ cannot be held responsible for damage of any kind, tangible or intangible or physical, which could result from a malfunction, from the misuse of the products marketed, or from non-respect of the information provided by the labels concerning the possible presence, in the composition of the products, of traces of allergenic products (for example cocoa butter, peanuts, …)

The responsibility of DIOGO VAZ will, in any case, be limited to the amount of the order and DIOGO VAZ cannot be blamed for simple errors or omissions that may have persisted despite all the precautions taken in the presentation of the products.

16- NOMINATIVE INFORMATION

The collection of personal information for the purposes of distance selling is obligatory, this information being essential for the treatment and the routing of the orders, the establishment of the invoices and guarantee contracts. The lack of information leads to the non-validation of the order.

In accordance with the law “Informatique et Libertés”, the processing of personal information relating to customers has been declared to the Commission Nationale Informatique et Libertés (CNIL). The customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of the data which concern him, which he can exercise with DIOGO VAZ.

DIOGO VAZ undertakes not to disclose to third parties, free of charge or with consideration, the information provided by the customer. This is confidential. The information will only be used for the processing of the customer’s order and to reinforce and personalize the communication of products reserved for customers of DIOGO VAZ, including newsletters, to which the customer can unsubscribe at any time.

The site diogovazchocolate.com is also designed to best meet the needs of customers and it is for this purpose that cookies are used. These are intended to signal the passage of the customer on the site and are used by DIOGO VAZ only for the purpose of improving the personalized service for the customer.

17- LITIGATION

This contract is subject to French law.

Complaints or disputes will always be received with attention, good faith always being presumed in the person who takes the trouble to expose the dispute. Any complaint must be made within a maximum of 48 hours after receipt. After this period, no claim will be taken into account. Complaints must be sent to DIOGO VAZ by registered letter with acknowledgment of receipt to the following address: DIOGO VAZ Service client – SARIE INTERNATIONAL, 4 Rue des Germines, ZI Actiloire, 45190 Beaugency, France.

The complaint must be motivated and accompanied by proof of the damage suffered (letter of transport, …). After the analysis and the acceptance of the claim by DIOGO VAZ, the customer will be able to choose between the refund of his order or re-delivery.

In case of difficulties in the application of this contract, the customer has the possibility, before any legal action, to seek an amicable solution with the help of a professional association of the branch, a consumer association or any other advice of his choice. It is reminded that the search for the amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. It is reminded that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honours its financial commitments to the seller. Otherwise, the Tribunal de Commerce of the defendant’s domicile is the only competent [court].

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