Terms of service

1. GENERAL

These general conditions of sale govern the relationship between, on the one hand, Elsa C&C SRL, whose head office is located at 1070 Anderlecht, rue Démosthène 65, and whose BCE number is 0803.624.511, operating under the name “Elsa Cacao & Chocolat”, hereinafter referred to as “the Seller”, and, on the other hand, the natural or legal person who places an order remotely (by means of an “online” order, via the website www.elsachocolat.com or www.elsachocolat.fr or www.elsachocolat.be) in its own name or on behalf of third parties, both for professional and private purposes – hereinafter referred to as “the Client”.

Elsa C&C SRL offers the customer the sale of products online under the name “Elsa Cacao & Chocolat”.

The Customer declares to have full legal capacity.

These general conditions of sale are brought to the attention of each customer to enable them to place an order. This therefore implies the customer's full and unreserved acceptance of these general conditions of sale. No special conditions emanating from the customer may prevail over these conditions.

2. PURPOSE

The products are described on the site www.elsachocolat.com / .be / .fr in good faith and as precisely as possible. The Customer always has the possibility of obtaining additional information on the products presented on simple request to the email address info@elsachocolat.com. The presentation of the products therefore does not bind the Seller and does not constitute an offer within the meaning of civil law.

Information regarding products and prices is provided for information purposes only and may be modified by Elsa C&C SRL without prior notice.

Photographs, diagrams, drawings or video films illustrating the products do not fall within the contractual scope. If errors are introduced, under no circumstances can the Seller be held liable.

3. ORDER

Any order may be placed online or in writing, and will only become final after acceptance by Elsa C&C SRL. Elsa C&C SRL grants itself the right to refuse the order for any reason:
- supply problem
- problem with the order
- problem due to product delivery
- problem due later with the customer

The customer is requested to complete the order form completely and accurately.
If there should be errors in the elements provided by the customer, among other things regarding the delivery address, Elsa C&C SRL cannot be held responsible for any failure during delivery. The costs relating to a possible re-sending or transfer to another address will be borne exclusively by the Customer.

Any provision which deviates from or supplements these General Conditions of Sale will be considered accepted by the Customer in the absence of written dispute from the latter within 24 hours from receipt of acceptance of the order.
The Seller cannot under any circumstances be held responsible for any damage that may occur to the products if the package has been opened during delivery.
If the recipient or the person authorized to receive the order is absent, the delivery person will leave a delivery notice to the delivery address given on the order form and asking the Customer to claim the product. The Seller cannot under any circumstances be held responsible for damage caused to the product following late recovery from the carrier.

Orders indicating a post office box address cannot be taken into account.

Each order is subject to acceptance by the Seller. The goods presented on the online store cannot under any circumstances be subject to requests for modifications to their composition or presentation.
If a problem arises, we will send you an E-mail as soon as possible. If we cannot fulfill your order due to unavailability of stock, we will contact you to offer you an alternative.

From the validation of the payment on the interface of our partner bank, the order is considered irrevocable and cannot be called into question.
The order is only definitively accepted after validation of payment of the sum corresponding to the amount thereof. Thus, the order will only be taken into account upon effective receipt by Elsa C&C SRL of its payment.

We do not control the temperature of transport. It is therefore impossible for us to assume responsibility for the deterioration of products damaged by heat during transport. We therefore advise against deliveries to hot countries and/or during the summer months when the temperature is above 20°C.

Elsa C&C SRL undertakes after confirmation of payment, to process and transport the said order to the notified destination, according to the procedure and transport that it has determined.

Orders received via the internet, after acceptance of payment by the credit card center and its effective receipt by Elsa C&C SRL, are prepared and shipped within 15 working days. However, during busy periods, delivery times cannot necessarily be guaranteed.

Elsa C&C SRL cannot be held responsible for any delay or non-delivery due to a case of force majeure or an event beyond its control which could make the execution of the contract impossible or more onerous, in part or in whole, or due to third parties such as suppliers of the parties to this contract, subcontractors, agents and representatives, or if the customer does not respect its commitments.

Force majeure events which relieve Elsa C&C SRL of its obligation to deliver the goods are war, riot, fire, strikes, pandemics, confinements, accidents and the impossibility of obtaining supplies. Elsa C&C SRL will keep the buyer informed in a timely manner of the events or incidents mentioned above.

The deadlines indicated in the order or in the order summary are given in good faith for information purposes only. Delivery times do not in themselves constitute an essential condition of the contract and Elsa C&C SRL will not be held liable for any compensation of any kind or the payment of interest in the event of late execution of its obligations.

The customer must ensure compliance of the delivery with his order. To be taken into account, any complaint must be made within 48 hours of receipt (via the email info@elsachocolat.com). The goods travel at the risk of the recipients, ownership being transferred to them upon acceptance of the order.

If chocolates are unavailable, we reserve the right to substitute them with others.

All products sold by Elsa C&C SRL benefit from the legal guarantee against defects in conformity.

4. OUR PRICES

Prices are given in EURO and include 6% VAT.
Prices may be revised during the year due to the great variability in the cost of our raw materials.
Prices do not include delivery costs. The price of transport depends on the value of the product ordered, the country of destination, the type of transport chosen as well as the weight and volume of the package.

There is no import tax for European Union countries. For other countries, all import taxes and customs duties are borne exclusively by the recipient and payable upon delivery.

5. YOUR PAYMENT

To be accepted, your order must be paid in full in advance. Any unpaid order will not be delivered. Payment is made in cash online by bank card (VISA, MASTERCARD, MAESTRO, BANCONTACT).
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 levied by the bank issuing the card.

The customer must indicate their card number, as well as the expiry date and the last 3 digits of the pictogram on the back of the card. The security protocol used SSL guarantees total confidentiality of personal information transmitted over the Internet.

6. CUSTOMS DUTIES

Any order placed on the site and shipped outside Belgium may be subject to taxes and customs duties when it arrives at its destination. The costs of taxes and customs duties linked to the delivery of an item are the exclusive responsibility of the Customer.

Elsa C&C SRL is not required to know and inform the Customer of any applicable customs duties and taxes. Elsa C&C SRL advises the Client to contact the competent authorities in their country for more information on this subject.

7. TASTING/STORAGE

Our chocolates can be enjoyed at room temperature between 18°C ​​and 20°C within the time limit indicated by the DLC.
Our chocolates should be stored in their original packaging between 15°C and 20°C in a cool, dry place.

8. ABSENCE OF THE RIGHT OF WITHDRAWAL

In accordance with article VI.53 of the law of December 21, 2013 and article 47 § 4 6° of the law of April 6, 2010 relating to market practices and consumer protection, the right of withdrawal is not does not apply to contracts concluded via the website www.elsachocolat.com.

9. PROHIBITIONS

The customer cannot under any circumstances resell the products purchased from Elsa C&C SRL. They are intended solely for personal consumption or that of the person for whom the order is intended.

10. INTELLECTUAL PROPERTY

All texts, comments, illustrations and images reproduced on our site are reserved under copyright as well as intellectual property rights. Any total or partial reproduction without our consent is strictly prohibited. The order does not imply any transfer or concession of intellectual rights unless expressly stated.

11. PROTECTION OF PRIVACY

The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. Failure to provide information implies automatic rejection of the order.
Elsa C&C SRL undertakes not to disclose to third parties the information communicated by its clients. These will only be used for internal management purposes, that is to say in order to manage orders, billing, service, solvency, marketing or personalized advertising, without this enumeration being limiting.
Visitors, however, have the right to object if they wish, on request and free of charge, to the processing of their data for personalized marketing purposes.
Elsa C&C SRL undertakes to respect the principles of the Belgian law of December 8, 1992 relating to the protection of privacy with regard to the processing of personal data. In this regard, the customer who has ordered on the Seller's website may at any time request to consult, correct or delete the personal data that the Seller has recorded about him by sending an e-mail to info@elsachocolat.com.

12. ENFORCEMENT OF THE GENERAL CONDITIONS

Any order from the Customer, as well as all deliveries made by Elsa C&C SRL imply the customer's full and unreserved acceptance of these general conditions of sale to the exclusion of all other documents, such as the customer's own general conditions, or any prospectus, catalog etc., which are only indicative.

The parties expressly agree that these general conditions apply in their commercial relations, unless expressly agreed between them in writing. The express exemption from one of the general or specific conditions does not imply any waiver of the application of the other general or specific clauses.
The cancellation or inapplicability of one of the clauses of the general or special conditions in no way affects all of the other provisions of the general or particular conditions which remain valid and applicable.
The fact that the Customer has not received these general conditions in his native language in no way exempts him from their application.
Any order for a product offered on the site requires consultation and express acceptance of these general conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the Customer.
The validation of the order form by Elsa C&C SRL constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and constitutes proof of the entirety of the order and the payability of the sums due in execution of the order. said order.
Elsa C&C SRL reserves the right to change its general conditions without personally notifying the customer and without the possibility for the latter to claim any compensation. It is therefore up to the Customer to periodically check whether any modifications have occurred. It is specified that the customer can save or print these general conditions of sale, provided however not to modify them.

13. APPLICABLE LAW – DISPUTE

This contract is subject to Belgian law.
Any complaint must be registered in advance by our customer service at the email info@elsachocolat.com. The customer will contact Elsa C&C SRL as a priority to obtain an amicable solution.
If the dispute persists, it will be decided according to Belgian law, by the courts of the district of Brussels which will have sole jurisdiction.