Conditions of Sales for chocolate gifts

The present Conditions of Sales are settled between

in the one hand, the compagny D'Lys Couleurs, SARL (Society with Limited Responsibility) with a capital of 7500 €

whose headquarter is 4ter chemin du Lourmet, 31180 Castelmaurou, registered in the Registre du Commerce et des Sociétés of Toulouse

under the number : 493 625 966

thereafter named "the compagny D'Lys Couleurs"

and on the other hand, every physical or moral person wishing to proceed to a mail-order via the Internet website of "D'Lys Couleurs"

thereafter named "the purchaser".

Object

The present Conditions of Sales aim at defining the contractual relations between the compagny D'Lys Couleurs and the purchaser and conditions applicable to any purchase done via the commercial website of D'Lys Couleurs, the purchaser being either a professional or a private customer.

Ordering via this website implies the general acceptance by the purchaser of the present conditions of sales.

These conditions of sales will prevail on all other general or particular conditions of sales not expressly approved by the compagny D'Lys Couleurs.

The compagny D'Lys Couleurs reserves the right to modify its conditions of sales constantly. In this case, the applicable conditions would be those in force at the date of the order by the purchaser.

Characteristics of the goods and services proposed

The products offered are those which appear in the catalogue published on the website of D'Lys Couleurs.

These products are offered as long as there is sufficient available stock.

The photographies of the catalogue are as faithful as possible but cannot ensure a perfect similarity with the products offered, in particular with regard to colours.

Prices

The prices appearing in the catalogue are prices all taxes included in euros, considering the VAT applicable on the day of the order; any change in the rate can be reflected on the price of the products.

The compagny D'Lys Couleurs reserves the right to modify its prices constantly, being understood that the price appearing in the catalogue on the day of the order will be the only applicable one to the purchaser.

Prices indicated include the orders proceeding costs and the wrapping, but do not include delivery and transport charges.

Geographical Zone

The sale on line of the products presented in the website of D'Lys Couleurs is only for the purchasers living everywhere in the world, and for deliveries needed in France and and some european countries.

Orders

The purchaser who wishes to buy a product must obligatorily:

• fill in the identification form, in which he would indicate all the required details, or give his customer number, if he has one

• fill in the online order form, giving all the references of the chosen products

• confirm the order, after checking it

• carry out the payment under the conditions envisaged

• confirm his order and his payment.

The confirmation of order involves acceptance of these conditions of sales, the recognition to have perfect knowledge of it and the renunciation to prevail oneself  of one's own conditions of purchase or other conditions.

The proof of the transaction will be the whole given data and the recorded confirmation of order. The signature and acceptance of the effectuated operations will be given by the confirmation.

The compagny D'Lys Couleurs will communicate to the purchaser, by electronic mail, the recorded confirmation of order.

The information given to the purchaser at the moment of the purchase commits him : in case of a mistake, the compagny D'Lys Couleurs cannot be considered as responsible for the impossibility of delivering the product.

The orders are only definitive when they have been confirmed by the payment of the price by the purchaser.

After the dispatch, no modification or resolution made by the purchaser can be considered, and the paid price will not be returned.

In case of insufficient stocks, the compagny D'Lys Couleurs will contact the purchaser. They will decide together to deliver a product with identical characteristics in dimension and quality compared to the product initially ordered by the purchaser.

The photographies or drawings have no contractual value and cannot call an order into question.

Revocation

The 7-day revocation right is not applicable for the delivery contract of perishable or food-processing  products, such as chocolates. Therefore, the purchaser cannot invoke it. However, a modification or cancellation from him can be considered if the parcel is being prepared and has not yet been transmitted to the carrier. The price would be returned but a penalty of 10€ all taxes included would be implemented for administrative and management expenses.

Terms of Payment

The acceptance of the order by the compagny D'Lys Couleurs and the resulting dispatch of the products to the purchaser can only occur after the validation of the means of payment of the purchaser and the resulting debit of the price on the purchaser's bank account. Therefore, the products are always prepaid by the purchaser. The means of payment accepted by the compagny D'Lys Couleurs are the credit cards wearing the brand Visa, Mastercard/Eurocard, Diners and the cheques made out in euros.

The payments made by credit card will be done via the security system, using the SSL protocol (Secure Socket Layer) so that the transmitted information be encrypted by a software and that no third person can acknowledge them while it is being transported on the network.

Any default of payment due to a default of provision on the purchaser's account or to wrong banking details communicated by the purchaser will cause the invoicing of a 20 € fixed tax for each incident of payment.

Deliveries

The deliveries are made in the agreed geographical zone and at the deadline indicated in the purchase order, by the direct handing of the product in to the planned beneficiary, or in case he is missing, by a notice of readiness. The collection should take place in the next 24 worked  hours because of the perishable nature of the product. In case of a return of the purchase order, because of non-claiming or refusal of the addressee, the forwarding charges would be on the purchaser, who could not claim any refund or compensation.

The risks are the responsibility of the purchaser as from the moment when the products left the building of the compagny D'Lys Couleurs. In the event of damage during transport, the justified protest should be formulated near the carrier compagny within 3 days as from the delivery.

The delivery periods are given only as an indication and without any guarantee; if it exceeds 30 days as from the day of the order, the sales contract can be cancelled and the purchaser refunded. However, in force majeure case (strikes, riots, fire, war, accident and impossibility to be supplied) deadline exceedances cannot give access to damages. The compagny D'Lys Couleurs will inform the purchaser in due course of the cases or events above-mentioned.

In every assumption, the delivery can only be on time if the purchase fulfilled all his obligations towards the compagny D'Lys Couleurs.

Guarantee - Responsibility

The compagny D'Lys Couleurs assures the purchaser that the products are made following the strict quality and preservation standards, in accordance with the standards in force in France.

However, the compagny D'Lys Couleurs would not extend its guarantee to products in case of non-observance, by the purchaser or the addressee of the products, of the optimal conditions of preservation of the products ordered, or in case of consumption of the products beyond expiry date, indicated on the packing.

All the complaints, requests for exchange or refunding must be carried out by mail to the address of the compagny D'Lys Couleurs within 7 days as from the delivery date, since it is about perishable goods.

The compagny D'Lys Couleurs, in the sales on line process, only owes an obligation of means, its responsibility cannot be involved for a damage linked to Internet access conditions, such as loss of data, interference, virus, or other unintentional problems.

Intellectual Property

All the elements of the compagny D'Lys Couleurs are and will be the exclusive intellectual property of D'Lys Couleurs.

Nobody is allowed to reproduce, exploit, repeat, or use in any way, even partially, elements from the website, whatever softwares, visuals or sonorous.

Every simple or hypertext link is strictly forbidden without an agreement specially written by the compagny D'Lys Couleurs.

Personal Data

In accordance with the French law relating to data processing, files and freedoms of January 6^th, 1978, information concerning personal details of the purchasers could be the subject to an automated treatment.

The compagny D'Lys Couleurs reserves the right to collect information on the purchasers, including by using cookies, and if they wish, to transmit the collected information to commercial partners.

The purchasers can refuse the transmission of their data by noticing it to the compagny D'Lys Couleurs. Although, the users have a right to access and modify their data, in accordance with the French law of January 6^th, 1978.

The automated treatment of information, including the management of e-mail addresses of the website users has been the object of a declaration to the CNIL and registered under the number 1213143.

Filing - Proof

The compagny D'Lys Couleurs will store the order forms and the invoices on a liable and durable support constituting a faithful copy, in accordance with provisions of the article 1348 of the French Civil Code.

The computerized registers of the compagny D'Lys Couleurs will be considered by the different parties as proof of the communications, orders, payments and transactions that occurred between the parties.

Jurisdiction

The present conditions of sales on line are submitted to the French Law.

In the event of litigation, responsibility is allocated to the courts of competent jurisdiction of Toulouse, notwithstanding plurality of defendants or call in