DEFINITIONS

The terms used within the General terms of sale will have the significance given below:

Buyer: natural person acquiring products via the Site. Vendor: Simplified Joint Stock Company La Petite Marquise whose name and address are mentioned in the contact subsite. Parties: the Buyer and the Vendor. Product: offered for sale on the Vendor's web site. Web site: web site accessible at the www.lapetitemarquise.fr address on which the Vendor offers Products for sale. E-mail: computerised document that a user keys in, sends or refers to at a later time via a network.

PURPOSE

1.1 The purpose of the general terms of sale is to define the rights and obligations of the Vendor and the Buyer in the context of the sale of Products via the web site.

SCOPE

2.1. The general terms of sale apply to all sales of Products by the Vendor to the Buyer, carried out via the web site. They are brought to the Buyer's attention to allow him/her to order. Consequently, the fact of ordering involves the Buyer's entire, unreserved acceptance of the present general terms of sale. No other special term or general terms issued from the Buyer can prevail over the present terms. Any conflicting terms will thus be non-invocable to the Vendor whenever they are brought to his/her attention.

2.2. The fact that the seller does not take advantage of any one of the present general terms of sale at a given time cannot be interpreted as being rated as subsequently relinquishing taking advantage of any one of the aforementioned terms.

ORDER AND CONFIRMATION

3.1. The Buyer orders via the web site. He/she undertakes to fill in the order form accurately to ensure problem-free transport. In the event of a mistake in the wording of the addressee's name and address, the Vendor will not be held responsible for the fact that it was impossible to deliver to the addressee. Costs linked to redirecting the package to another addressee or another delivery place will be paid by the Buyer.

3.2. Each product request is subject to acceptance by the Vendor. It reserves the right to reject any order due to insufficient stock, incomplete information about the Buyer or any other legal reason. The Vendor undertakes to inform the Buyer in the two (2) working days that follow the order of any problem in honouring the order.

3.3. The 7 day right of rescission does not apply to the supply contracts of perishable goods or processed foodstuffs like chocolate. So the Buyer would not be able to take advantage of this. However, any modification or cancellation on his/her behalf can be taken into account insofar as the package is in the process of being prepared. The price will be refunded but a penalty for administrative costs for a total of €10 inclusive of tax will be applied. On the other hand, from the moment the package is handed to the carrier, no modification or cancellation can be taken into account and the price paid will not be refunded.

3.4. The sales contract between the Vendor and the Buyer is formed when the Buyer clicks on the "validate" button when confirming his/her order. Until this final stage, the Buyer will be able to return to the previous pages and correct and modify his/her order as well as the previously supplied information.

3.5. A confirmation e-mail acknowledging receipt of the order and repeating all of this information will thus be sent to the Buyer as soon as possible.

3.6. The Buyer must consequently provide a valid e-mail address.

PRICE

4.1. The price of the Products indicated on the web site pages correspond to the prices exclusive of tax not including a contribution towards preparation and shipping costs. French VAT of 5.5% is applied to orders for metropolitan France or overseas territories, Corsica and European Union countries. The Vendor is free to revise the rate. However the Products will be invoiced to the buyer on the basis of the rates in effect at the time the order is validated.

4.2. Delivery costs will be in addition. Delivery rates depend on the destination, the weight and the volume of the package. They include a contribution towards the cost of preparing the package and the transport costs

ORDER PAYMENT

5.1. The order can be paid in cash on-line by credit card: debit card, Visa, Eurocard, Mastercard. For metropolitan France it can be paid by cheque. In this case the order will only be taken into account once the cheque has been received from the Buyer. No discount can be given in consideration of these terms.

5.2. The currency used for the transaction is the Euro. The amount debited from the credit card used will depend on the Euro's exchange rate the day of debit and possible currency exchange fees withdrawn by the bank that issues the card.

5.3. To receive delivery the order must be paid for in full. Unpaid orders cannot be dealt with.

5.4. The strictest safety standards are applied to payment transactions on the Vendor's web site.

5.5. The transfer of the Products' property to the Buyer will only occur at the time of full receipt of payment of the price by the Vendor.

PRODUCT UNAVAILABILITY

6.1. Product availability is given on the web site for information only. It only becomes effective on confirmation of the order.

6.2. The Vendor cannot be reproached for the unavailability of a Product insofar as the Buyer has the information prior to the delivery of his/her order.

DELIVERY

7.1. The order is delivered to the name and address indicated by the Buyer on the form filled in during the order. The Buyer is responsible for the information relating to the name and address of the addressee, which must be complete and accurate (door code, floor, telephone,…) to allow delivery in normal conditions.

7.2. If a delivery return or a delivery is impossible due to a lack of information or an address error, the re-delivery will be invoiced to the Buyer in full.

7.3. The Vendor guarantees the goods until the place of delivery, but it is up to the addressee to check the package in the presence of the deliveryman. Any anomaly during delivery will need to be indicated on the delivery slip. If this procedure is not respected no reimbursement request from the carrier can be made.

7.4. In the event of addressee's absence or that of any person that can take possession of the package during delivery, the carrier will leave a non-delivery notice inviting the Buyer to collect the package. On no account will the Vendor be held responsible for a possible deterioration of the products due to a late withdrawal from the carrier.

7.5. The Vendor cannot be held responsible if the product has not been delivered for the following reasons: force majeure as defined by the courts and natural disasters.

7.6. Delivery deadlines are given for information only during the order confirmation.

7.7. No delivery can take place on Saturdays and Sundays. Any order made on Friday, Saturday or Sunday will be shipped from the following Monday. During busy periods (from the 1st to the 31st December), deadlines can be extended.

COMPLAINTS - RETURNS

8.1. Any complaint must be made within a maximum of 48 hours after receiving the goods to the Vendor's customer service by recorded delivery with acknowledgement of receipt. The Buyer can also contact the Vendor by e-mail. Once this deadline has expired, the complaint will not be acceptable. This complaint will need to be justified and accompanied by written proof of the harm endured. After analysis by the Vendor and acceptance of the Buyer's complaint, he/she will choose between a refund for his/her order and a new delivery.

8.2. Any product return must be the subject of a formal agreement by the Vendor. It will need to be made in the 48 hours after this agreement. Once this deadline has expired, no return can be taken into account. Any return accepted by the Vendor will enable the Buyer to obtain a free replacement or a credit note will be given in his/her favour, with the exception of any other compensation or damages.

RIGHTS

9.1. The Buyer is informed that while browsing and in the context of the order, data of a personal nature concerning him/her are collected and handled by the Vendor.

The Vendor declares all of its files to the French data protection watchdog in accordance with the law n° 78-17 of the 6th January 1978.

This law specifies that the Buyer has the right to access and rectify data concerning him/her. Through the Vendor he/she can be led to receive proposals from other companies or organisations, or also be informed of our offers by e-mail, telephone or mail. If the Buyer does not wish this, he/she just needs to contact the Vendor by e-mail: petitemarquise@wanadoo.fr , by mail: La Petite Marquise 22, rue des Lices 49100 ANGERS or by telephone: 33 (0) 2 41 87 43 01

9.2. The Buyer can question the Vendor in view of obtaining confirmation that the data of a personal nature concerning him/her is or is not subject to this handling, of information relating to the purposes of the handling, to the categories of data handled of a personal nature or to categories of addresses to which the data is communicated, the communication of data of a personal nature concerning him/her as well as any information available as to the origin of these.

The Buyer can also demand that the Vendor rectifies, completes, updates, locks or erases data of a personal nature concerning him/her that is incorrect, incomplete, ambiguous or out of date or whose collection, use, communication or preservation is forbidden.

9.3. To exercise this right, the Buyer will send a letter to the Vendor in his/her capacity as handling manager, to the following address: petitemarquise@wanadoo.fr or by mail La Petite Marquise 22, rue des Lices 49100 ANGERS.

9.4. Photos of the Vendor's web site are not contractual.

GUARANTEES

10.1. The Vendor guarantees the quality and freshness of its Products until the date indicated on the packaging on condition that the preservation conditions specified have been abided by.

RESPONSIBILITY

11.1. The Vendor cannot be held responsible for damage resulting from a fault by the Buyer in the context of using the Products.

INTELLECTUAL PROPERTY

12.1. All of the elements published within the web site such as sound, images, photos, videos, writing, animations, programmes, graphical charter, utilities, databases and software is protected by clauses of the Intellectual Property Code and belong to the Vendor.

12.2. The Buyer is forbidden to infringe the intellectual property rights belonging to these elements and notably to reproduce, represent, modify, adapt, translate, extract and/or re-use a qualitatively or quantitatively substantial part of them, with the exception of the acts needed for their normal, standard use.

PARTIAL INVALIDATION

13.1. If one or several of the stipulations of the general terms of sale were judged to be unlawful or null, the only effect of this nullity would be to lead to the nullity of other clauses of the terms, unless these clauses were indissociable from the invalidated stipulation.

APPLICABLE LAW

14.1. The general terms of sale are governed by French law.

ATTRIBUTION OF SKILLS

15.1. The Parties agree that in the event of a dispute that could arise concerning the execution or interpretation of the general terms of sale, they will attempt to find a compromise.

In the event this attempt to amiably reconcile the difference fails, it will be taken before the competent courts.