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Terms & Conditions

I. Application and enforceability

 

1.1. These general terms and conditions of sale are brought to the attention of each buyer to enable the placement of any order.

1.2. Consequently, placing an order implies the buyer’s full and unreserved acceptance of these general terms and conditions of sale.

1.3. No special conditions or other general conditions emanating from the buyer may, without the express agreement of Villars Maître Chocolatier (VMC), take precedence over these conditions.

1.4. Any contrary condition laid down by the buyer will therefore, in the absence of express acceptance, be unenforceable against VMC – no matter the time it may have been brought to its attention.

1.5. The fact that VMC does not avail itself of any of these general conditions of sale at a given time may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

 

II. General terms and conditions of sale

All orders are considered firm once they have been accepted and confirmed by VMC.

 

DELIVERY

Minimum order value CHF 200. Free postage and packing per pallet in SWITZERLAND, minimum invoice CHF 350. For orders below CHF 350, VMC reserves the right to charge an additional delivery tax of CHF 20. All orders must contain full shipping boxes; orders in individual sale units will be refused.

 

RECEPTION

  • Any reservations about damage or shortages will only be valid if they are acknowledged precisely on delivery, noted on the delivery note and signed by the carrier.
  • The words ‘subject to unpacking’ or ‘subject to damage’ have no value.
  • If the delivery has not been recognised as defective under the above conditions, products will not be taken back or exchanged.

 

PEREMPTION

  • Villars Maître Chocolatier undertakes to deliver the products ordered within a timeframe allowing the buyer to manage shelf life of the products in good conditions.
  • Once the products have been delivered under these conditions, VMC shall in no way be held liable for any claim made by a third-party concerning shelf life.
  • In order not to damage the brand image of the products, the buyer undertakes to manage their expiry date in the best possible conditions.
  • Any breach of the above undertaking will entitle VMC to immediately terminate the commercial relationship with the defaulting buyer, and to claim compensation from the buyer for any commercial loss suffered as a result of the default.

 

STORAGE

  • The buyer must store the products at temperatures between 10 and 20°C and ensure that they are not exposed to abrupt variations in temperature.
  • The buyer must dispose of and may not under any circumstances resell products that have not been stored in accordance with the aforementioned storage conditions.
  • Any failure to comply with the above undertaking shall entitle VMC to immediately terminate the commercial relationship with the defaulting buyer and to claim compensation from the buyer for any commercial loss suffered as a result of the failure to comply.

 

PAYMENT

  • Invoices are payable within 30 days NET – invoice date.
  • No discount for early payment.
  • Fixed payment dates are mandatory. Any delay in the payment of an invoice may result in the payment of all sums, whether due or not, that may be owed in respect of orders in progress, as well as the payment of late payment interest at the legal rate multiplied by 1.5. This interest will run from the date of the formal notice sent to the buyer.
  • In addition, VMC reserves the right to suspend or cancel orders, without prejudice to any other remedy.
  • Retention of title:

Until the price of the goods has been paid in full, VMC remains the owner of the goods and reserves the right to take them back.

 

III. Right of access and rectification

 

3.1. ETHICS

To ensure the protection of privacy, Villars Maître Chocolatier treats all private information with the strictest confidentiality. When making a purchase, only the information essential to the conclusion of the sale will be asked. This data is stored on a secure server.

 

3.2. YOUR RIGHTS

In accordance with the laws applicable to the processing of personal data (the Swiss Data Protection Act of 19 June 1992, RS 235.1), anybody has the right to access, rectify, object to and delete any personal data they have provided. This right may be exercised by contacting:

 

VILLARS MAITRE CHOCOLATIER SA

Rte de la Fonderie 18

1700 Fribourg – Switzerland

Phone +41 (0) 26 426 65 00

info@villars.com