These general terms and conditions of sale are concluded on the one hand,
by the company SO.ME.PROD with a share capital of €1,000,000, headquartered at 70 rue Caisserie - 13002 Marseille - France, registered with the Marseille Trade and Companies Register under number RCS Marseille 504 304 205, hereinafter referred to as "the company",
and on the other hand,
by any individual or legal entity wishing to make a purchase via the company’s website, hereinafter referred to as "the client".
The company SO.ME.PROD is the owner of the online store esperantine-de-marseille.com, hereinafter referred to as "the online store".
Preamble
The following provisions establish the general terms and conditions of sale of the items offered by SO.ME.PROD through its online store esperantine-de-marseille.com. By checking the box “I have read and accept the general terms and conditions of sale” you signify your acceptance of these terms and conditions.
We invite you to read the clauses below carefully. Please note that it is not possible to purchase an item on the online store without fully accepting the conditions set out below. Clicking the validation button constitutes a "digital signature".
For any questions, you can contact us:
- by mail: SO.ME.PROD / Espérantine de Marseille – 70 rue Caisserie - 13002 Marseille – France
- by phone: 7 days a week from 10am to 7pm at +33 (0)4 91 67 40 31
- by email: martorana@esperantine.com
In order to satisfy the client, the company reserves the right to update its general terms and conditions of sale as well as its product range. Changes will be made available to the client through online consultation.
Purpose
These general terms and conditions of sale are intended to define the contractual relationship between the company and the client and the conditions applicable to any purchase made through the online store, whether the client is a professional or a consumer, adult or minor with parental authorization.
The purchase of a product through the online store implies full acceptance by the client of these general terms and conditions of sale.
These terms and conditions shall prevail over any other general or special conditions not expressly approved by the company, which reserves the right to amend them at any time. In such case, the applicable conditions shall be those in effect on the date the order is placed by the client.
These general terms and conditions express the entirety of the parties’ obligations. In this respect, the client is deemed to accept without reservation all provisions set out herein. No general or special conditions included in documents sent or provided by the consumer shall be incorporated if they conflict with these terms and conditions.
Products
The products offered for sale by the company are those listed on the online store, within the limits of available stock.
In case of unavailability, the company undertakes to inform the client as soon as possible.
Every effort has been made to ensure the accuracy of the information on the site. However, the company or its suppliers cannot be held responsible for the consequences, incidents or damages of any kind resulting from electronic transmissions or from inaccuracies, even if the company was aware of the possibility of such damages. Product and manufacturer names and trademarks are used only for identification purposes. Product photos, descriptions and prices are not contractual.
Validity of offers and prices:
- Offers on the site are valid as long as they are online and within the limit of available stock.
- In case of stock unavailability, you will be notified by email within 48 business hours.
- Geographic scope: Offers are valid for purchases made online with delivery in mainland France and the European Union.
Prices
Prices shown on the online store are inclusive of VAT, in Euros, and valid only at the time of the order being sent by the client. They do not include shipping fees, which are billed in addition and indicated prior to order validation.
Prices take into account VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in product prices. Full payment must be made when ordering. At no time can amounts paid be considered deposits or down payments.
The company reserves the right to modify its prices at any time, but products will be billed based on the rates in effect at the time the order is recorded, subject to availability.
Any order is considered final once accepted and confirmed by us, and we reserve the right to modify its contents given the artisanal nature of our production.
Products remain the property of the company until full payment has been received.
Availability
The products offered by the company through its online store are valid for as long as they remain online, within the limit of available stock. Out-of-stock or unavailable products are indicated as such on the online store. Should a product become unavailable after an order has been placed, the company undertakes to inform the client by email as soon as possible.
If an item is missing, the company will contact the client to offer a similar product of equal value.
Please note that L’Espérantine is an artisanal confectionery, and as such, if daily production is insufficient, an additional delay of one or two days may be required to complete your order (production, packaging, and shipping).
Once paid, the order is considered final and cannot be canceled.
Orders
The client declares to be of legal age or to have parental authorization to place an order on the site.
To order, the client must follow these steps:
- Browse the online store and select items by clicking “Add to cart” on each product page.
If the client wishes to open an account on the online store
- If the client does not have an account, they may register by going to “My Account” and filling out the “Create an account” form. This form is also accessible at checkout.
- During registration, the client must provide accurate details including title, name, surname, full billing address, email, and phone number.
- To place an order, the client must log in with their email and password. Entering these identifiers is deemed proof of identity and constitutes consent.
If the client does not wish to open an account on the online store
- The company allows clients to order without creating an account. In this case, the client must still provide all necessary information for processing the order (billing and shipping addresses, etc.).
- The client will then select a shipping address (which may differ from the billing address) and a delivery method.
- The client may choose to personalize their order by adding a card and/or gift wrap.
- The client will select a payment method and be redirected to secure payment platforms (PayPal, WebAffaires/Crédit du Nord).
If the client chooses payment by credit card or PayPal, they will be redirected to the secure platform to provide payment details.
Order confirmation implies acceptance of these conditions of sale, acknowledgment of full understanding, and waiver of reliance on any other purchase conditions. All information provided and the confirmation recorded will serve as proof of the transaction. Confirmation constitutes signature and acceptance of the operations carried out.
Each order is subject to acceptance by the company. The company reserves the right to refuse an order due to insufficient stock, incomplete client information, or any other legal reason. Regardless of payment method, the company will acknowledge receipt of the order by email, stating the order number and attaching a PDF summary (items, addresses, etc.).
The client may also order by phone at +33 (0)4 91 67 40 31, 7 days a week, from 10am to 7pm.
Warranty
Each box of chocolate, biscuits, or spreads has a “best before date” (DLUO). We recommend consuming your chocolates before this date. Chocolate is sensitive to humidity and heat, which cause whitening. Store it in a cool (max. 18°C), dry place, away from light. Avoid storing it in the refrigerator.
Payment
The amount due by the client is indicated on the order confirmation sent by email. The currency used is Euro.
The client may pay immediately by choosing credit card or PayPal. In this case, the order will be processed within 24/48 business hours. The amount charged to the credit card depends on the Euro exchange rate on the day of debit and any conversion fees charged by the issuing bank.
The client agrees to be charged the total amount at the time of the order and undertakes to use a credit card in their own name. In case of fraudulent use, the company cannot be held liable.
The client may also pay by check (only for residents in mainland France). In this case, the order will only be prepared after the check has been received.
The company reserves the right to refuse any order or delivery in case of an existing dispute with the client, non-payment of a previous order, refusal of payment authorization, or partial payment. The company cannot be held liable in such cases. If the client’s bank account is not in euros, the total payable is calculated according to the exchange rate on the day.
Transaction Security
Credit card payments are 100% secured either by the WebAffaires platform (SMC Group) or via PayPal. Data is transmitted directly in encrypted form to these platforms. At no time does the company have access to or store this confidential data.
Once the payment platforms have verified and validated the payment, a confirmation email is sent to the company’s server, which marks your order as “paid” and it can then be prepared within 24/48 business hours.
Right of Withdrawal
In accordance with current regulations, online buyers “have a 14-day right of withdrawal from the day after they take possession of the goods.” However, since L’Espérantine sells perishable products (food items) which by nature cannot be returned, the right of withdrawal and return cannot apply, as stipulated by distance selling regulations (http://vosdroits.service-public.fr/professionnels-entreprises/F23455.xhtml#N100AA). Consequently, when you click “Confirm” after completing the order process, you declare that you accept the order and all of these Terms and Conditions fully and without reservation. Orders are therefore final and binding.
Delivery
Products are delivered to the address indicated by the client on the order form and only to the geographical areas we serve. The client is responsible for ensuring the recipient’s name and address are precise, accurate, and complete. The company cannot be held responsible for delivery returns due to incorrect addresses or delivery impossibility.
For deliveries to collective addresses, the client acknowledges that the company’s obligation ends once the package is delivered to the collective address indicated, even if it is received by a third party.
Orders are prepared and shipped within 24/48 business hours after payment, except for orders placed on Friday which are shipped the following Monday or Tuesday.
All orders leave our premises in perfect condition. The client must notify the carrier (or postman) of any visible damage (holes, crushing marks, etc.) and may refuse the package if necessary.
The client must notify the company of any issue with the order on the day of receipt or within 3 days at the latest. After this period, claims will not be accepted and the company will be released from liability.
Any exchange of an item declared damaged after transport, without any reservation made at delivery, cannot be accepted.
If the anomaly notification rules are followed, the company will exchange or refund the missing/damaged item.
Long-distance deliveries
The client is advised that for distant destinations (over 4 days of transport) and despite the use of insulated packaging during warm seasons, products arrive with less risk of damage during the colder seasons of the year.
General delivery conditions - 1
The company cannot be held responsible for deterioration due to late pickup from the carrier. As products are perishable, the carrier cannot keep a package forgotten by the client.
In case of absence, we advise the client to collect their package within 24/48 hours. Beyond this period, we disclaim responsibility for the condition of the package and its contents.
As with any shipment, delays or loss may occur. In such cases, we contact the carrier to start an investigation. Every effort is made to locate the package. If necessary, the company will be reimbursed by the carrier and send a replacement package at its own expense.
We decline responsibility for extended delivery times due to the carrier, especially in cases of loss, bad weather, or strikes.
Any anomaly (damage, missing product, broken items, etc.) must be noted on the delivery slip with handwritten reservations, accompanied by the client’s signature.
The client must also confirm this anomaly to the carrier by registered mail within 2 business days following delivery and send a copy to: SO.ME.PROD / Espérantine de Marseille - Customer Service - 70 rue Caisserie - 13002 Marseille - France. Without this, no exchange will be made.
General delivery conditions - 2
The client must notify the company on the day of delivery or the following business day of any delivery error and/or non-conformity of the products compared to the order. Beyond this deadline, claims will be rejected.
Claims must be addressed to: SO.ME.PROD / Espérantine de Marseille - 70 rue Caisserie - 13002 Marseille - France.
Claims not made in accordance with these rules and deadlines will not be considered and will release the company from liability.
In case of error or exchange, any product to be returned must be sent back in full, in its original packaging, in perfect condition to: SO.ME.PROD / Espérantine de Marseille - 70 rue Caisserie - 13002 Marseille - France.
All returns must be pre-approved by the company. If approved, the company will resend the correct package at its own expense. Shipping costs are borne by the company unless the product does not match the client’s return declaration.
Order Tracking
When your order is shipped, you will receive an email from the company indicating the dispatch date, tracking number, and the carrier’s website where you can track your parcel.
Shipping Fees
Shipping fees include both shipping and preparation costs related to your order.
They can be found on the "Payment & Delivery" page.
Customs Duties
Any order placed on the site and delivered outside France may be subject to taxes and customs duties imposed when the package arrives in the destination country. These duties and taxes are the responsibility of the client. The company is not required to check or inform clients of applicable customs costs. It is up to the client to inquire with local authorities. In case of refusal to pay customs fees, any costs incurred by the company to recover the package will be deducted from the client’s refund.
Liability / Intellectual Property
The company, in the process of online sales, is only bound by an obligation of means. It cannot be held liable for damages resulting from Internet use such as data loss, intrusion, virus, service interruption, or other unintentional issues.
Intellectual property: all elements of the online store are and remain the exclusive intellectual property of the company.
No one is authorized to reproduce, exploit, redistribute, or use, for any purpose, even partially, elements of the site whether software, visual, or audio. Any simple or hypertext link using framing or in-line linking techniques is strictly prohibited without the company’s written consent.
The company may provide hypertext links to external sites unrelated to the company. These are provided for informational purposes only. The company disclaims all responsibility for the content published by such sites/blogs.
Personal Data
In accordance with French law 78-17 of January 6, 1978 relating to data protection, you have the right to access, modify, rectify, and delete data concerning you. To exercise this right, please use the “Contact Us” page or send a letter to: SO.ME.PROD / Espérantine de Marseille - IT Department - 70 rue Caisserie - 13002 Marseille - France.
The site has been declared to the CNIL under number 1501688v0.
No Waiver / Partial Invalidity
If one party does not enforce a breach by the other of any obligation, it shall not be interpreted as a waiver for the future.
If one or more provisions of these general terms and conditions are held invalid or declared as such by a law, regulation, or final court decision, the remaining provisions will remain in full force.
Force Majeure
Neither party shall be liable if execution is delayed, hindered, or prevented by force majeure. Force majeure includes any irresistible, external, unforeseeable, and unavoidable event beyond the control of the parties despite reasonable efforts.
The affected party shall notify the other within ten (10) business days of becoming aware of the situation.
The parties will then meet within three (3) months, unless impossible due to force majeure, to examine the impact and agree on conditions to continue the contract.
If force majeure lasts more than one month, these terms may be terminated by the affected party.
Explicitly considered as force majeure, in addition to those usually recognized by French courts: transport blockages, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks, or external network difficulties.
Archiving and Proof
Computerized records, kept under reasonable security conditions in the company’s systems, will be considered proof of communications, orders, and payments between the parties.
Orders and invoices are archived on a reliable and durable medium that can be produced as proof.
The information provided by the client when placing an order is binding in case of error.
The company reserves the right to modify contents due to the artisanal nature of production.
The company reserves the right to cancel any order from a client with an unresolved payment dispute on a prior order.
Dispute Resolution
These online sales terms are subject to French law. This applies to both substantive and formal rules. In case of dispute, jurisdiction is granted to the Marseille Commercial Court, notwithstanding multiple defendants or third-party claims.
Modification of Terms
The company reserves the right to modify these general terms at any time by publishing a new version that will apply to all orders placed thereafter.
Restrictions
The client may not resell products purchased from the online store. Products are intended for personal use or personal use of the recipient if different from the original client.
Special Conditions
These apply exclusively to orders placed by associations, commercial companies, or institutions.
They will be communicated individually when quotes are established.