GENERAL TERMS AND CONDITIONS
Secrets du Chocolat terms and conditions of sale
Article 1 - Application and enforceability of the general terms and conditions of sale
Les Secrets du Chocolat, a simplified joint stock company with capital of €2,000,000, whose registered office is at Rue du Pont du Péage 67118 Geispolsheim, registered with the Strasbourg Trade and Companies Register under number 500 184 429 000 24, hereinafter referred to as "Les Secrets du Chocolat", offers services provided by Les Secrets du Chocolat (Ticketing, Workshops, Birthdays and gift vouchers) for private individuals, the various formulas for which are presented on its website at www.musee-du-chocolat.com.
The content of the services, the training locations, the dates and times and the prices are presented on the website.
The fact of placing an order verbally, in writing, by fax, by e-mail or by Electronic Data Interchange implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale, regardless of the Customer's nationality.
They take precedence over any other document such as leaflets, catalogues, etc. issued by Secrets du Chocolat which are only indicative. No special condition may, without the prior written acceptance of Secrets du Chocolat, prevail over the present General Conditions of Sale.
For all Internet orders, the Customer's acceptance is evidenced by his/her electronic signature, evidenced by the "validation click". This electronic signature has the same value as a handwritten signature between the parties. This double step is equivalent to the Customer acknowledging that he/she is fully aware of and approves all of the conditions set out below.
Any condition to the contrary imposed by the Customer will, in the absence of express written acceptance by us, be unenforceable against Les Secrets du Chocolat, regardless of when it may have been brought to its attention. The fact that Les Secrets du Chocolat does not take advantage at a given moment of any one of the present General Conditions of Sale cannot be interpreted as a renunciation to take advantage at a later date of this condition or of another of the said conditions.
Article 2 - Sale of Les Secrets du Chocolat services
Museum visit ticket office
There are two ways to buy tickets for Secrets du Chocolat: at the Secrets du Chocolat ticket office, Rue du Pont du Péage 67118 Geispolsheim or on the Cité du Chocolat website. www.musee-du-chocolat.com
All prices are shown on the website www.musee-du-chocolat.com
Workshops and courses with the Secrets du Chocolat chocolatier
You can register for the chocolatier's workshops or courses via the Secrets du Chocolat website (www.musee-du-chocolat.com), subject to availability and the opening days of the Secrets du Chocolat Museum.
Registration can be made as long as the course is open for booking on the Secrets du Chocolat website.
Registration becomes definitive, subject to receipt of payment for the service (by credit card, or presentation of the original Gift Voucher), on the date on which a confirmation email is sent by Les Secrets du Chocolat. Les Secrets du Chocolat reserves the right to cancel the reservation at any time if the Customer's bank details are inaccurate.
If one or more services become unavailable after the order has been placed, Les Secrets du Chocolat will inform the Customer as soon as possible by a telephone call which may be followed by an e-mail or a letter of confirmation. Les Secrets du Chocolat will propose a new date to replace the cancelled service, subject to availability, and the Customer may either cancel the order and be reimbursed for any payment made, or accept the new date proposed.
Gift vouchers
Les Secrets du Chocolat also sells gift vouchers.
The gift voucher is a method of payment that its beneficiary can use to purchase one or more services offered for sale by Les Secrets du Chocolat.
The gift voucher is issued by Secrets du Chocolat and can be used exclusively at Secrets du Chocolat in Geispolsheim. It is valid for one year from the date of issue and cannot be extended or exchanged for any other goods. The gift voucher is valid only for services offered by the Les Secrets du Chocolat Museum, and cannot be used at " Les Secrets du Chocolat - La Boutique ", at the restaurant " Les Secrets des Grands Express " or at the restaurant " Les Secrets du Chocolat - Le Restaurant ".
The gift voucher can be used for the service for which it was issued.
The gift voucher is not nominative. It can be purchased by one person "the purchaser" and used by a third party "the beneficiary".
The gift voucher can be used throughout its period of validity. Beneficiaries must use their gift voucher number(s) when purchasing a service online (see paragraph 1). The use of the gift voucher outside its validity period cannot be considered as a method of payment for the chosen service; the order for this service will then be invoiced.
Gift vouchers can be purchased either at the Les Secrets du Chocolat Museum ticket office or on the website www.muse-du-chocolat.com.
Gift vouchers are sent directly by e-mail to the purchaser's address. The gift voucher numbers will be used as a discount voucher number on the online sales site www.musee-du-chocolat.com.
Article 3 - Prices and payment terms
The price in force for each service or ticket is that shown on the day of booking on the www.musee-du-chocolat.com website.
All prices are in euros and include VAT.
Payment for the service or ticket on our website is due from the moment the order is validated, under the following conditions:
Any registration that is not paid within this period, either by payment or by mention of a gift voucher, will be cancelled.
Payment on the Secrets du Chocolat reservation site can be made by credit card, Paypal or by a valid gift voucher: in this case, the purchaser or beneficiary undertakes to send us the number of the gift voucher as payment.
Bank cards issued by banks domiciled outside France must be international bank cards.
Article 4 - Cancellation conditions
Right of withdrawal
In accordance with the provisions of article L 221-18 of the Consumer Code, the Customer has a legal period of 14 days from the date of the confirmation email from Secrets du Chocolat to exercise their right of withdrawal without having to justify their decision or pay any penalties.
Cancellation of Secrets du Chocolat services
La Cité du Chocolat reserves the right to cancel a service if the minimum number of participants is not reached, up to 7 calendar days before the date of the service. In this case, Les Secrets du Chocolat will propose a new date to replace the cancelled service, subject to availability.
If the Customer cancels more than 6 calendar days before the date of the service, Les Secrets du Chocolat will reimburse the prepayment over the internet.
In the event of cancellation by the Customer 6 calendar days or less before the date of the service or in the event of no-show by the Customer, the payment for the service will not be refunded.
Unless the right of withdrawal referred to in paragraph 1 above is exercised, any service not consumed due to the fault of the Customer shall not give rise to any reimbursement, with the exception of cases of force majeure, proof of which must be provided to Secrets du Chocolat (medical certificate, etc.).
A case of force majeure is considered to be any external factor that cannot be anticipated and controlled by the Customer (weather event preventing any travel, illness of the Customer, death of a close relative (parent or child).
Cancellation of gift vouchers
Unless the right of withdrawal referred to in paragraph 1 above is exercised, any gift voucher not used during its validated period of one year may not give rise to any reimbursement or equivalent compensation.
The one-year period mentioned above runs from the date of registration of the order for the gift voucher or gift certificate (i.e. its date of issue) by the purchaser or beneficiary.
In the event of cancellation by the Customer benefiting from a gift voucher or a gift certificate not resulting from a case of force majeure, 6 calendar days or less before the date of the service or the Customer's failure to appear, the gift voucher or gift certificate will be considered as used and may no longer be used for a subsequent service.
Gift vouchers may not be resold.
Article 5 - Services for groups and seminars
All group and seminar bookings must be specifically requested from the sales department: commercial@musee-du-chocolat.com.
Les Secrets du Chocolat reserves the right to refuse this request if the dates requested by the participants are not compatible with the general schedule of activities of Les Secrets du Chocolat. In this case, Les Secrets du Chocolat will do its utmost to propose another date for this service.
Specific terms and conditions apply to groups and seminars (or any legal entity) and are available on request from the sales department: commercial@musee-du-chocolat.com or 03 88 55 04 93 Monday to Friday, 9am to 12pm and 1pm to 5pm.
Article 6 - Liability
Les Secrets du Chocolat reserves the right to cancel a service in the event of force majeure and cannot be held responsible for such a cancellation.
The Customer acknowledges and accepts that the supply of products intended for the chocolatier's workshops or courses is subject to the vagaries of the market, in particular for certain seasonal or exceptional products.
The Customer therefore accepts that Les Secrets du Chocolat may make a few adjustments to a recipe initially proposed for a workshop or a given chocolate maker's course depending on the availability of products. When such adjustments do not fundamentally modify the recipe or its spirit, the course is maintained and these adjustments do not give rise to a total or partial refund of the price.
When the vagaries of the market force Les Secrets du Chocolat to fundamentally modify the recipe proposed, Les Secrets du Chocolat reserves the right to cancel the course booked and to reschedule it for a later date. Les Secrets du Chocolat will inform the Customer as soon as possible, reschedule the course for a later date and reserve a place for the Customer if the latter so wishes: consequently, the Customer may either cancel his order and be reimbursed for any payment he may have made in this respect, or accept the new date which will be offered to him in this way.
The services provided by Les Secrets du Chocolat (Courses, Workshops) sometimes involve the active participation of the Customer. The latter accepts to be vigilant and to submit to the health and safety instructions given to him by Les Secrets du Chocolat, for the course to run smoothly.
Les Secrets du Chocolat cannot be held responsible for any damage to or loss of objects and personal effects brought by the Customer. At the end of the workshop or course, the Customer who wishes to reproduce a recipe proposed by Les Secrets du Chocolat does so under his own responsibility and subject to respecting the intellectual property rights belonging to Les Secrets du Chocolat and the provisions of article 8 below. It is the Customer's responsibility to ensure that no risk arises from the preparation of the recipe or from the consumption of the products that he/she will have acquired himself/herself. Les Secrets du Chocolat cannot be held responsible for the result of a recipe prepared by the Customer, under his responsibility, on the grounds that it was previously proposed during a training course.
Les Secrets du Chocolat ensures that its documents or files reproduce the main information which will enable the Customer, by combining the Secrets du Chocolat chocolatiers during the workshop or course, to make the recipe proposed during the course.
The Customer may take away the pastries or chocolates prepared during the class or workshop to be consumed outside Secrets du Chocolat, on his/her own responsibility. The pastries and chocolates must be kept in a cool place and eaten quickly. Les Secrets du Chocolat cannot be held responsible for any damage resulting from the consumption of pastries and chocolates prepared in one of its laboratories and consumed outside of it.
The Customer is obliged to inform the members of Les Secrets du Chocolat of any potential allergies concerning him. In the event that the said problem is not mentioned, Les Secrets du Chocolat declines all responsibility in the event of an allergic reaction to one of the products or ingredients used.
Article 7 - Intellectual property
The documents published by our services are intended for individual use and may not be reproduced or distributed. The Customer undertakes not to produce a copy or to distribute, whether in paper or electronic format, without the written approval of Les Secrets du Chocolat, the content of the recipes or booklets supplied as part of the service. In the absence of prior written authorisation from the holder of the protected right, any other use constitutes an infringement and is punishable under the Intellectual Property Code.
All content available on the www.musee-du-chocolat.com website (in particular text, images, videos, photos, sound, music, software, recipes and, more generally, any type of data) is protected by the French Intellectual Property Code.
Les Secrets du Chocolat holds the copyright to these elements. Les Secrets du Chocolat is also the owner of the rights recognised by the Intellectual Property Code to the producer of databases, in accordance with articles L 341-1 and following of the Intellectual Property Code.
Any reproduction, representation, adaptation, translation, distribution, broadcasting or transfer to another site of these elements, in whole or in part, is prohibited without the prior written agreement of Les Secrets du Chocolat.
As an exception to the above rule, the following are permitted:
- the reproduction, representation and publication of elements of the website www.musee-du-chocolat.com to illustrate a press article, with the written agreement of the Les Secrets du Chocolat communications or marketing department at communication@musee-du-chocolat.com
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- the reproduction, representation and publication of recipes proposed by Les Secrets du Chocolat chocolatiers for exclusively private or non-commercial use, subject to respecting the paternity of the recipe by indicating, on the medium of distribution or presentation of the recipe and at the bottom of the recipe, in an apparent and legible manner, the words "recipe proposed by Les Secrets du Chocolat chocolatiers".
The names Les Secrets du Chocolat - Le Musée, Les Secrets du Chocolat - La boutique, Les Secrets du Chocolat - Le Restaurant, Les Secrets des Grands Express and the logos of these entities and the products and services offered are registered trademarks of SAS Les Secrets du Chocolat. Their use requires the prior written consent of SAS Les Secrets du Chocolat. The creation of a hypertext link to a page on the www.musee-du-chocolat.com website is subject to the prior written authorisation of the Les Secrets du Chocolat communication department. In any event, the establishment of such a hypertext link must be sufficiently clear and preceded by the name "Les Secrets du Chocolat - Le Musée" and the address of the website www.musee-du-chocolat.com. Les Secrets du Chocolat reserves the right to remove the link if the site of origin is contrary to the editorial line of the www.musee-du-chocolat.com site.
Article 8 - Confidentiality and personal data
The personal data you are asked to provide is needed to create your account and, where applicable, for commercial prospecting.
In accordance with Regulation 2016/679 of 27 April 2016 (RGPD), they are intended for SAS Les Secrets du Chocolat, the data controller, and are based on your consent.
It may be communicated, for the same purposes, to the Secrets du Chocolat marketing and communication department and, where applicable, to our subcontractors or partners.
They are kept for a period of 3 years from the last contact with you or, where applicable, for the entire duration of the commercial relationship plus the duration of any legal requirements.
You may at any time withdraw your consent to no longer receive commercial canvassing or be included in our customer database.
You can exercise your rights (right of access, rectification, deletion, opposition, right to the portability of information concerning you, right to limit processing) by sending an e-mail to communication@musee-du-chocolat.com or by sending a letter, specifying your contact details (identity, proof of identity), to Service communication, Rue du Pont du Péage, 67118 Geispolsheim.
You also have the right to define general and specific directives setting out how you wish these rights to be exercised after your death.
If necessary, for further information or if you wish to dispute your rights, you can contact the DPO at the following address: communication@musee-du-chocolat.com. You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL), the French supervisory authority responsible for compliance with obligations relating to personal data.
Finally, you are informed that if you do not wish to be the subject of commercial canvassing by telephone, you have the right to oppose telephone canvassing by entering your landline and/or mobile telephone numbers on the free opposition list accessible via the www.bloctel.gouv.fr website. You are informed that your request will be taken into account within 30 days of confirmation of your registration. This registration is valid for a period of 3 years.
Article 9 - Legal information
Access to the www.musee-du-chocolat.com website and use of its content are subject to the following conditions. By accessing and browsing the site, you accept these conditions without reservation.
These conditions of use may be modified at any time. As soon as they are posted online, these modifications are deemed to have been accepted by the Internet user of the site, as soon as he or she has placed an order after they have been posted online.
Article 10 - Site content
Les Secrets du Chocolat makes every effort to provide users of the website with quality information, accessible under optimum technical conditions.
Please note, however, that the information and recipes are provided for information purposes only.
The result of a recipe depends largely on the skill of the person making it. The preparation of a recipe offered by Les Secrets du Chocolat on its website is the responsibility of the user or third party who prepares it. It is the responsibility of the latter to ensure that no risk results from the preparation of the recipe or from the consumption of the products that they have acquired themselves. Les Secrets du Chocolat may not be held responsible for the result of a recipe prepared by the user under his/her responsibility on the grounds that it was offered on the www.musee-du-chocolat.com website.
Despite all the care taken with the content of the site, Les Secrets du Chocolat cannot guarantee the accuracy, exhaustiveness or topicality of the information published on the site, nor the conformity of the said information with the use that the Internet user wishes to make of it. Consequently, the latter acknowledges that he/she uses this information under his/her exclusive responsibility.
Article 11 - Technical operation of the site
The Les Secrets du Chocolat website is accessible 24 hours a day, 7 days a week.
Access to all or part of the site may be suspended or withdrawn in the event of force majeure, computer difficulties, difficulties linked to the structure of the telecommunications networks or technical difficulties or for maintenance reasons, without Les Secrets du Chocolat being held responsible.
Article 12 - Applicable law - Dispute - Jurisdiction
These General Terms and Conditions of Sale are governed by French law.
Any complaint relating to a service provided by Secrets du Chocolat should be sent in writing or by e-mail or by telephone to Secrets du Chocolat customer service, Rue du Pont du Péage 67118 Geispolsheim - France - 03 88 45 45 86 or client@musee-du-chocolat.com.
The information given on the site www.musee-du-chocolat.com may be used as proof of communications between the parties, of reservations made by the Customer on the site and of transactions between Les Secrets du Chocolat and the Customer.
In addition, in accordance with the provisions of article L 612-1 of the Consumer Code, the customer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute between him/her and Secrets du Chocolat. To this end, we guarantee the customer effective recourse to a consumer mediation system and within this framework, the customer may refer the matter to a consumer mediator (currently being designated).
You are reminded that, in accordance with Article L 612-2 of the French Consumer Code, a dispute cannot be examined by the Consumer Mediator if :
1° The consumer does not prove that he has previously tried to resolve his dispute directly with the trader by means of a written complaint in accordance with the procedures laid down, where applicable, in the contract;
2° The request is manifestly unfounded or abusive;
3° The dispute has already been examined or is being examined by another mediator or by a court;
4° The consumer made his request to the mediator more than one year after his written complaint to the trader;
5° The dispute does not fall within its jurisdiction.
The consumer will be informed by the mediator, within three weeks of receipt of his or her file, of the rejection of his or her request for mediation.
Article 13 - Customer Service
You can contact Les Secrets du Chocolat using the details below:
Secrets du Chocolat, Rue du Pont du Péage 67118 Geispolsheim - France - 03 88 45 45 86 or client@musee-du-chocolat.com
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