Legal notices, confidentiality policies and general conditions of sale
By browsing fpchocolat.com, hereinafter “the Site”, you acknowledge, in your capacity as user, that you are aware of the conditions of use appearing below, as well as the specific conditions relating to certain services on the Site, and in accept the terms.
1. Legal information
Publisher: Chocolaterie Peromet
EURL with share capital of €5,000
Head office: 3 Rue de l’église - 51170 Marfaux - FRANCE
Company registered with the RCS of Reims under the reference 852 888 429
Intracommunity VAT number: FR 75 852 888 429 APE / NAF CODE: 1082Z
Tel: +33 (0)6 24 74 41 18
2. Site Hosting
Hosting at GOOGLE DOMAINS and SHOPIFY
3. Photo credits:
The photographs used on the fpchocolat.com site are protected by copyright. However, for practical and space reasons, credits cannot be entered, or partially entered.
For more information on the author of the photographs, you can contact us via the contact form.
4. Intellectual property rights
The Site and all of its content (in particular the commercial brands, logos, any graphic, textual and computer element of the Site including in particular trees, layouts, articles, presentations, illustrations, photographs, and/or any other document ) are protected by French and international regulations relating to intellectual property.
All the brands mentioned, in particular FPChocolat and Chocolaterie Peromet, are registered trademarks.
All rights reserved copyright © - 2019 - 2024 - FPChocolat - Chocolaterie Peromet.
In no case can navigation on the Website, or the mentions appearing there, be interpreted as granting a license of use or any right to use these elements.
As such, their representations, reproductions, nestings, broadcasts and rebroadcasts, partial or total, are prohibited (article L. 122-4 of the Intellectual Property Code). Any person proceeding without being able to demonstrate prior and express authorization from the holder of these rights incurs the penalties relating to the offense of counterfeiting (articles L. 335-2 et seq. of the Intellectual Property Code). Chocolaterie Peromet may rely on its rights, in particular intellectual property rights, to initiate criminal proceedings.
Chocolaterie Peromet reserves the right to improve or modify the information, products, programs or conditions of use described on the Site at any time, without liability being incurred as a result. The applicable conditions and notices will be those in force on the date of your connection to the Site.
The Site may include hypertext links to third-party sites. The user who is redirected to a third party site via a hypertext link established to other sites acknowledges that Chocolaterie Peromet does not control the content, information, products and services offered on these sites. Consequently, Chocolaterie Peromet cannot under any circumstances be held liable for possible direct or indirect damage resulting from the use of sites accessible via hypertext links.
Chocolaterie Peromet is also not responsible for hypertext links pointing to the Site.
Any person wishing to set up hypertext links pointing to the Site must obtain prior written authorization from Chocolaterie Peromet.
6. Limitation of liability
Chocolaterie Peromet reminds Internet users of the characteristics and limits of the Internet network. Chocolaterie Peromet cannot be held responsible for any damage resulting from access to the Site or, on the contrary, from the inability to access it. Chocolaterie Peromet cannot under any circumstances be held responsible in the event of unavailability of the Site, for any reason whatsoever (technical fault, network congestion, etc.).
The user expressly acknowledges using the Site at his own risk and under his exclusive responsibility. Chocolaterie Peromet cannot be held responsible for any damage, direct or indirect, material or immaterial caused to users, their computer or telecommunications equipment, the data stored there and the consequences that may result from this on their personal, professional or commercial activity. .
The information on the Site is provided for information purposes only. The information published on this Site is updated and checked periodically but may still contain errors. The information must in any case be taken into consideration at the time it is put online and not at the time of consultation of the Site (this data may have been updated between the time you downloaded it and the one where you learn about it). In any event, Chocolaterie Peromet cannot be held responsible for this information.
7. Access to password-protected areas
Access to password-protected areas is restricted to authorized persons only. The user undertakes not to force access to these areas, and in particular not to usurp the identity, access code or address of another user. Any unauthorized person attempting to access these areas may be subject to legal action.
8. Use of the Site
Chocolaterie Peromet offers the Site mainly for the use of its customers and any person wishing to know and purchase its products and services.
When you connect to the Site:
- you undertake to respect these notices as well as, more generally, the applicable legislation,
- you refrain from any collection or misuse, in particular of personal information to which you may have access and, in general, from any act likely to harm third parties.
When you complete a form and provide information, you agree to:
- deliver real, accurate, up-to-date information at the time of entry and in particular not use false names, positions or addresses, or names, positions or addresses without being authorized to do so,
- keep registration data up to date in order to permanently guarantee their real and accurate nature,
- not make available or distribute illegal, objectionable or harmful information, programs or elements (such as viruses, hacking or copying software).
- not disseminate comments, opinions or information of a defamatory, obscene, violent, racist nature and more generally in contravention of the laws and regulations in force, the rights of individuals and good morals.
In the event of violation of these provisions, Chocolaterie Peromet reserves the right to prohibit you from accessing the Site or the services offered, at your sole discretion and without prejudice to any liability action.
These conditions apply to all users whoever they may be, without limitation in time or space.
IF YOU ARE A BUSINESS, YOU AGREE THAT ANY DISPUTE THAT MAY ARISE FROM THE USE OF THE SITE IS EXCLUSIVELY WITHIN THE JURISDICTION OF FRENCH LAW AND THE COMPETENT COURTS OF REIMS.
1. WHO ARE WE?
The following information is communicated to you so that you can become aware of the commitments regarding the protection of personal data of Chocolaterie Peromet, a one-person company with limited responsibilities, whose head office is at 3 Rue de l'église - 51170 Marfaux, which acts as data controller for the processing of personal data mentioned in this document.
2. THE PERSONAL DATA WE PROCESS
As part of the processing of personal data, Chocolaterie Peromet collects and processes the following data:
- Title, surname, first name, date of birth when this has been provided, billing address, delivery address, email address, telephone number;
- Customer number, loyalty card number;
- Statistics on openings and clicks on emails sent by Chocolaterie Peromet and activity on the site (pages viewed, products viewed, abandoned baskets, etc.).
3. THE PURPOSES AND LEGAL BASES OF OUR DATA PROCESSING
3.1 The purposes of our processing
The processing that we implement is done to ensure the following purposes:
- Management of website content;
- Order management ;
- Management of communication with customers and prospects;
- Monitoring the customer journey;
- Monitoring customer relations and customer complaints;
- Audience analysis;
- Customer categorization;
3.2 The legal bases of our processing
We only carry out data processing if at least one of the following conditions is met:
Your consent to processing operations has been obtained;
The existence of our legitimate interest, or that of a third party, which justifies us in carrying out the processing of personal data concerned;
The performance of a contract between us and you requires us to carry out the processing of personal data concerned;
We are bound by legal and regulatory obligations which require the implementation of the processing of personal data concerned.
3.3. Legitimate interests pursued
The legitimate interests pursued by Chocolaterie Peromet may in particular consist of enabling the continuity of its activity, improving the consumer experience, building consumer loyalty, and understanding consumer expectations.
4. RECIPIENTS OF YOUR DATA
The personal data that we collect, as well as those that are subsequently collected, are intended for us in our capacity as data controller.
We ensure that only authorized people can have access to this data. Our service providers may receive this data to carry out the services we entrust to them.
Your personal data may be reconciled, pooled or shared between all parent, sister and subsidiary entities of Chocolaterie Peromet.
They may be communicated to these entities for the purposes referred to in this information notice. These operations are carried out on the basis of instruments that comply with applicable regulations and are capable of ensuring the protection and respect of your rights.
5. TRANSFERS OF YOUR DATA
Within our network of stores but also for technical purposes with our IT service providers, we transfer your personal data to partners located in the following countries: United States, Canada.
Each of these transfers is governed by legal instruments consistent with the applicable legal framework. Transfers made to other countries are governed by appropriate guarantee measures such as the signing of Standard Contractual Clauses proposed by the European Commission.
6. DURATION OF TIME FOR WHICH WE KEEP YOUR DATA
The retention periods that we apply to your personal data are proportionate to the purposes for which they were collected. Consequently, we organize our data retention policy as follows:
- Three years from the collection of your data or the last contact from you;
- In the context of concluded contracts, the data is kept according to the applicable limitation periods;
- Thirteen months regarding cookies from their installation on your device;
- Ten years from the conclusion of the contract for an amount greater than €120 for accounting purposes;
- One year from receipt of the request for rights of access, rectification, erasure, limitation;
- Six years from receipt of the request for the right of opposition.
7. THE RIGHTS YOU ARE RECOGNIZED
7.1 Conditions for exercising your rights
You can exercise your rights electronically at the following address: Chocolaterie Peromet, 3 Rue de l'église, 51170 Marfaux or by email at the following address: email@example.com
To do this, you must clearly indicate your name(s) and first name(s), the address to which you wish the response to be sent to you and attach proof of your identity.
In principle, you can exercise all of your rights free of charge.
Concerning the right to information, Chocolaterie Peromet will not be obliged to follow up on it when you already have the information you request to be communicated.
Chocolaterie Peromet will inform you if it cannot comply with your requests. These rights are not absolute and are subject to different conditions under:
- Applicable French law on the protection of personal data or privacy;
- Laws and regulations that apply to you.
Chocolaterie Peromet would like to inform you that the non-information or modification of your data is likely to have consequences in the processing of certain requests within the framework of the execution of contractual relations and that your request for the exercise of your rights will be retained for tracking purposes.
All the rights you benefit from are detailed below.
7.2 Your right to information
You acknowledge that this information notice informs you of the purposes, legal framework, interests, recipients or categories of recipients with whom your personal data is shared, and the possibility of data transfer to a third country or to an international organization.
In addition to this information and with the aim of guaranteeing fair and transparent processing of your data, you declare to have received additional information concerning:
- The duration of retention of your personal data;
- The existence of the rights which are recognized for your benefit and the terms of their exercise.
If we decide to process data for purposes other than those indicated, all information relating to these new purposes will be communicated to you.
7.3 Your right of access and rectification of your data
You have the right to access and have your personal data rectified, which you can exercise with FPChocolat at the following address: Chocolaterie Peromet, 3 Rue de l'église, 51170 MARFAUX or by email firstname.lastname@example.org
As such, you have confirmation that your personal data are or are not processed and when they are, you have access to your data as well as information concerning:
- The purposes of the processing;
- The categories of personal data concerned;
- The recipients or categories of recipients as well as the international organizations to which the personal data have been or will be communicated, in particular recipients who are established in third countries;
- When possible, the planned retention period of personal data or, when this is not possible, the criteria used to determine this period;
- The existence of the right to request from the data controller the rectification or erasure of your personal data, the right to request a limitation of the processing of your personal data, the right to object to this processing;
- The right to lodge a complaint with a supervisory authority;
- Information relating to the source of the data when it is not collected directly from the persons concerned;
- The existence of automated decision-making, including profiling, and in the latter case, meaningful information regarding the logic underlying it, as well as the significance and intended consequences of such processing for the data subject.
You can ask us that your personal data be, depending on the case, rectified or supplemented if it is inaccurate, incomplete, ambiguous or out of date.
7.4 Your right to erasure of your data
You can ask us to erase your personal data where one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
- You withdraw the consent previously given;
- You object to the processing of your personal data when there is no legal reason for said processing;
- The processing of personal data does not comply with the provisions of the applicable legislation and regulations;
- Your personal data was collected as part of the provision of information society services to children under 16 years of age.
However, the exercise of this right will not be possible when the conservation of your personal data is necessary in view of the legislation or regulations and in particular for example for the establishment, exercise or defense of legal rights.
7.5 Your right to limit data processing
You can request the limitation of the processing of your personal data in the cases provided for by legislation and regulations.
7.6 Your right to object to data processing
You have the right to object to the processing of personal data concerning you when the processing is based on the legitimate interest of the data controller.
This right can be exercised by any means, including by clicking on the unsubscribe links at the bottom of the communications sent.
7.7 Your right to data portability
Since May 25, 2018, you will have the right to portability of your personal data.
The data on which this right can be exercised are:
- Only your personal data, which excludes anonymized personal data or data that does not concern you;
- Declarative personal data as well as the personal operating data mentioned above;
- Personal data which does not infringe the rights and freedoms of third parties such as those protected by business secrecy.
This right is limited to processing based on consent or a contract as well as personal data that you have personally generated.
This right does not include derived data or inferred data, which is personal data created by Chocolaterie Peromet.
7.8 Your right to withdraw your consent
When the data processing we carry out is based on your consent, you can withdraw it at any time. We then stop processing your personal data without calling into question the previous operations for which you had consented.
7.9 Your right to appeal
You have the right to lodge a complaint with the CNIL on French territory without prejudice to any other administrative or legal recourse.
7.10 Your right to set post-mortem guidelines
In accordance with article 63 Law No. 2016-1321 of October 7, 2016 for a digital Republic, you have the possibility to define directives relating to the conservation, erasure and communication of your personal data after your death and this from a trusted third party, certified and responsible for ensuring that the wishes of the deceased are respected, in accordance with the requirements of the applicable legal framework.
Terms of Sales
General Conditions of Sale fpchocolat.com
ARTICLE 1. APPLICATION AND ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE
1.1. These general conditions of sale are brought to the attention of each customer to enable them to place an order.
1.2. Consequently, placing an order implies the customer's full and unreserved acceptance of these general conditions of sale.
1.3. No special conditions or other general conditions emanating from the customer can, without the express agreement of Chocolaterie Peromet, prevail over these conditions.
1.4. Any contrary condition posed by the customer will therefore, in the absence of express acceptance, be unenforceable against Chocolaterie Peromet regardless of when it may have been brought to its attention.
1.5. The fact that Chocolaterie Peromet does not avail itself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of said conditions.
ARTICLE 2. ORDER TAKING AND CONFIRMATION
2.1. The customer undertakes to fill out the order form accurately and to fill in the various existing sections (their address, delivery address, method of payment).
2.2. Each product request is subject to acceptance by Chocolaterie Peromet. Chocolaterie Peromet reserves the right to reject any order due to insufficient stock, incomplete customer information, or for any other legal reason. We undertake to inform you within two (2) working days following your order if we encounter a problem in fulfilling your order.
2.3. The 7-day right of withdrawal does not apply to contracts for the supply of products likely to deteriorate quickly, such as chocolates. Also, the customer cannot rely on it. However, a cancellation on their part may be taken into account as long as the package is being prepared.
2.4. However, from the moment the package is handed over to the carrier, no cancellation can be taken into account and the price paid will not be refunded.
ARTICLE 3. PRICE
3.1. The prices indicated on the order form are in Euros including tax, from our Marfaux laboratory. French VAT of 5.5% for dark chocolate products and 20% for milk chocolate products applies to orders destined for Metropolitan France. The general price can be revised freely by Chocolaterie Peromet.
3.2. Delivery costs are additional. Delivery rates depend on the destination, weight and volume of the package. For more information on these prices, you can contact us.
ARTICLE 4. PAYMENT ON ORDER
4.1. Payment is made in cash online by credit card. This is the reason why there are no discount conditions or late payment penalties. With the exception of a few large corporate accounts authenticated by Chocolaterie Peromet whose order will be paid upon receipt of invoice. For these orders, a duplicate will be downloadable upon confirmation of the order on the site. The invoice will be sent by mail.
4.2. The currency used for the transaction is the Euro. The amount debited from the account of the bank card used will depend on the rate of the Euro on the day of debit and any exchange fees charged by the bank issuing the card.
4.3. To be registered, the order must be paid in full. Unpaid orders cannot be delivered.
4.4. When processing your payment transactions on the fpchocolat.com site, our partner SHOPIFY PAYMENTS adapts the most demanding security standards on the market such as SSL 3.0 encryption techniques. 128 bits. Additionally, SHOPIFY PAYMENTS is certified by Mastercard and VISA (PCI DSS) for compliance and enforcement of strict security standards.
4.5. The invoice corresponding to the order placed is sent in the order shipping email for orders delivered by COLISSIMO. It is also available in the “My Account” section.
ARTICLE 5. UNAVAILABILITY OF PRODUCTS
5.1 The availability of products and services is given on the site on an indicative basis. It only becomes definitive upon confirmation of the order. Chocolaterie Peromet cannot be blamed for the unavailability of a product during delivery, to the extent that the customer has had the information prior to delivery of his order.
ARTICLE 6. DELIVERY OF PRODUCTS
6.1. Preparation and delivery of products.
6.1.1. The packages are prepared and packaged by Chocolaterie Peromet in closed, resistant packaging, appropriate to the contents and transport requirements.
6.1.2. The customer is responsible for information relating to the name and address of the recipient which must be precise, exact and complete (door code, floor, telephone number, etc.) to allow delivery under normal conditions. Chocolaterie Peromet cannot be held responsible for a return of delivery due to an address error or an inability to deliver to the address indicated. In the event of an error in the wording of the recipient's contact details or in the event of absence of the recipient, Chocolaterie Peromet cannot be held responsible for the impossibility of delivering the order. Chocolaterie Peromet will contact the customer to organize, according to the customer's wishes, a new order, at the customer's expense, including shipping costs and the price of the product.
6.1.3. PLEASE NOTE: Orders indicating a post office box address cannot be taken into account.
6.1.4. Chocolaterie Peromet, after confirmation of the order, undertakes to process and transport the order to the agreed destination, according to the route, procedure and carrier chosen by the customer. Chocolaterie Peromet insures the goods to the place of delivery, but it is up to the recipient to check the package in the presence of the delivery person. Any anomaly during delivery must be reported on the delivery note. Without compliance with this clause, no reimbursement procedure with the chosen carrier can be initiated.
6.1.5. Orders delivered by Colissimo-La Poste are prepared and shipped from our manufacturing workshop (Chocolaterie Peromet - 3 Rue de l'église - 51170 Marfaux) The French Overseas Territories are not delivered by the online store.
6.1.6. Chocolaterie Peromet cannot be held responsible if the product has not been delivered for the following causes: force majeure as defined by the courts and natural disasters.
6.2. Delivery delay
6.2.1. Delivery times depend on the destination country and the delivery method. By default, the Chocolaterie Peromet website offers the nearest delivery date. The customer can choose a date later than the date proposed by the site.
6.2.2. The proposed delivery/collection date is guaranteed: • excluding cases of force majeure, • excluding cases of carrier strikes, • provided that the delivery address is precise, exact and complete, • provided that the person receiving the delivery order is present at the time of delivery.
6.2.3 Delivery days depend on the chosen carrier and the season.
ARTICLE 7. TRANSFER OF OWNERSHIP – TRANSFER OF RISK
7.1. The transfer of ownership of the products to the benefit of the customer only takes effect after full payment of the price by the latter.
7.2. Chocolaterie Peromet insures the risks of loss and deterioration of the products until delivery of said products to the recipient. The transfer of risks therefore occurs from the moment the recipient acknowledges receipt of the products.
ARTICLE 8. COMPLAINTS – DISPUTES
8.1. Complaints or disputes will always be received with attentive kindness, good faith always being presumed in the person who takes the trouble to present the dispute.
8.2. Upon receipt of the products, the customer must ensure that the delivery complies with their order. Any damage must be the subject of precise reservations, dated and signed, on the delivery slip.
8.3. Any complaint must be made within 15 working days after receipt of the order, to Chocolaterie Peromet customer service: - Either by mail: Chocolaterie Peromet - 3, Rue de l'église - 51170 Marfaux - FRANCE - Either by email via the form located in the “Contact” section.
8.4. This complaint must be motivated and accompanied by proof of the damage suffered (transport letter, photo of the package received, etc.). After analysis and acceptance of the complaint by Chocolaterie Peromet, a commercial gesture (reimbursement of shipping costs, return of the product at the expense of Chocolaterie Peromet, etc.) may be offered to the customer.
8.5 In the event of a dispute, the Customer will first contact Chocolaterie Peromet Customer Service in order to resolve it amicably. If this approach fails, the customer can resort to the mediation service of the competent Reims Mediation and Arbitration Center. For the referral to the CMA to be admissible, it must include: Your postal, email and telephone contact details as well as the full names and addresses of our company, a brief statement of the facts, and proof of the preliminary steps taken. In accordance with the applicable rules to mediation, it is reminded that a consumer dispute must be entrusted in writing to the Customer Service of Chocolaterie Peromet before any request for mediation to the CMA. Disputes for which, the request is manifestly unfounded or abusive, or has previously been examined or is currently being examined by another mediator or by a court, or if the consumer has submitted his request to the mediator within a period of more than one year from from his written complaint to Chocolaterie Peromet or if the dispute does not fall within the field of competence of the mediator, or finally if the consumer does not justify having attempted, beforehand, to resolve his dispute directly with Chocolaterie Peromet by a written complaint according to the terms provided, where applicable, in the contract.
ARTICLE 9. RETURNS
9.1. Any product return must be the subject of a formal agreement between Chocolaterie Peromet and the customer and must be returned within 3 days following the agreement. After this period, no returns will be taken into account.
9.2. Any recovery accepted by Chocolaterie Peromet, in the case of an apparent defect or non-conformity of the products delivered, which will be noted by Chocolaterie Peromet, will allow the customer to obtain free replacement or restitution of a credit for his benefit, to the exclusion of any other compensation or damages.
ARTICLE 10. PERSONAL DATA
10.1 Data controller
Chocolaterie Peromet, as data controller, implements the processing of personal data.
10.2 Processing of personal data
In accordance with the law of January 6, 1978 relating to data processing, files and freedoms, and the provisions of European Regulation 2016/679 on the protection of personal data, you are informed that Chocolaterie Peromet as data controller implements carries out processing of personal data with the main purposes of:
- the execution of these General Terms and Conditions;
- purchasing management;
- management and tracking of your order;
- the administrative relationship of the contractual relationship,
- management of commercial and promotional operations and advertising;
- customer protection.
The legal bases for this processing are necessary for the execution of a contract, compliance with legal and regulatory obligations, and the legitimate interests pursued by the data controller.
10.3. Data used
Concerned about the protection of your privacy, Chocolaterie Peromet treats all information concerning you with the strictest confidentiality. The personal data used are those requested during your purchases (last name, first name, full address, telephone number, e-mail) for quality processing and careful monitoring of your order. This data entered online is saved on a secure server and is immediately encrypted.
10.4. Data recipients
The data is intended for the authorized services of Chocolaterie Peromet as well as the latter's possible service providers and subcontractors and more generally for all third parties with whom Chocolaterie Peromet may maintain commercial or contractual relations.
10.5. The duration of the conversation
Your personal data is kept for varying periods depending on the purpose of their collection:
- personal data processed for contract management purposes: the entire duration of the contractual relationship, increased by the duration of legal requirements. The common law limitation period in civil and commercial matters is five (5) years from the end of the contract;
- personal data processed for customer prospecting purposes: three (3) years from the end of the contract;
- personal data processed for accounting purposes: the current financial year, increased by ten (10) years from the closing;
- personal data processed for the purposes of managing data protection rights: the entire duration of processing the request, i.e. one (1) month except for two (2) additional months, increased applicable limitation periods;
When regulations require it, these deadlines may be longer. In addition, it is specified that in the event of collection of personal data for several purposes, it will be kept until the longest retention or archiving period has expired.
10.6. Your rights
In accordance with the applicable legislation on the protection of personal data, you have a right of access and rectification, erasure, opposition, a right to portability of information which concerns you, a right to limit processing). To assert these rights, you can contact us:
By email: email@example.com
By mail: FPChocolat - 3, Rue de l'église - 51170 MARFAUX
By telephone: 0033 (0)6 24 74 41 18
You also have the right to define general and specific directives defining the way in which you intend these rights to be exercised after your death.
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 regarding personal data.
ARTICLE 11. GUARANTEES
The best before date (best before date) of our chocolates is indicated under each product. Knowing that our boxes have a best before date of 10 days minimum to 45 days maximum for ganaches and 90 days maximum for pralines. Also, in order to to best appreciate our chocolates, we advise you to choose the delivery date closest to your consumption date. La Chocolaterie Peromet guarantees the quality and freshness of its products provided they are stored in a cool (between 12 and 18°C) and dry (between 50% and 60% humidity) place, protected from light. .
ARTICLE 12. PROHIBITIONS
The customer must under no circumstances resell products which are intended for their personal use or that of the person receiving their order.