Terms of Sales
1. Field of application
All deliveries made and services provided on the basis of FAVARGER SA Chocolates and Cocoas offer are governed by these general conditions of sale. By placing an order, the customer acknowledges having read them, understands and accepts them without reservation.
Chocolates and Cocoa FAVARGER SA doesn’t accept any deviating conditions from the customer.
Chocolates and Cocoa FAVARGER SA reserves the right to modify these general conditions of sale at any time. Any order placed after publication by Chocolats et Cacaos FAVARGER SA of the new version of its general conditions of sale implies acceptance of the latter.
Before any use of the online store, the customer must register and open a personal account. He ensures the accuracy and completeness of the data provided during registration. In the event of a change of address or any other modification occurring after registration, the customer undertakes to update his personal data as soon as possible.
The customer undertakes to keep the password chosen during registration strictly confidential and not to disclose it to third parties. He assumes full responsibility for the use of his password and for all orders placed, even without his knowledge, using this password.
3. Conclusion of contract
By placing an order, the customer submits an offer to Chocolats et Cacaos FAVARGER SA with the aim of acquiring the desired products. Receipt of the order is immediately confirmed to the customer. It is not this confirmation which constitutes the acceptance of the order, but the delivery of the ordered products. The order is made at the prices valid on the day of the order.
Orders can be placed from abroad. It should however be noted that the products are manufactured and come from Switzerland. The products and declarations relating thereto are in accordance with Swiss law exclusively and Chocolats et Cacaos FAVARGER SA can’t be held responsible for any lack of conformity with foreign legislation.
All orders are delivered to the delivery address indicated by the customer, unless otherwise agreed. Responsibility for the goods passes to the customer upon receipt by the carrier. The delivery of the ordered goods is made by post.
5. Customs duties
When you order products to be delivered to a country other than the country of dispatch of Chocolats et Cacaos FAVARGER SA, you are considered to be the authorized importer and must therefore comply with the laws and regulations in force in the country in which you receive the goods.
You may be subject to import duties or taxes when the goods arrive in your country. All additional customs clearance costs are your responsibility. We have no control over these charges and do not know their amount. Customs policies vary from country to country, you should contact your local customs department for further information.
6. Withdrawal from the contract
If the goods ordered can’t be delivered to the customer twice, either because they can’t be delivered to him or because the latter doesn’t pick them up after having been notified in an adequate manner, the sale is nevertheless considered as perfect and the customer is not entitled to any reimbursement from Chocolats et Cacaos FAVARGER SA.
7. Undeliverable Goods
If a product ordered is not deliverable, the customer is informed before the acceptance of the order.
8. Verification of the goods
It’s up to the customer to check the quantity and quality of the goods on delivery, as well as whether the product corresponds to the goods ordered.
If he finds omissions or damage, the customer must return the item concerned within 7 days of receipt, in its original packaging or in another packaging guaranteeing transport safety, enclosing sending a copy of the invoice to the following address:
Chocolates and Cocoa FAVARGER SA
Path of the Chocolate Factory 2
The prices indicated on the price lists issued by Chocolats et Cacaos FAVARGER SA and/or on the website www.favarger.com are inclusive of VAT, net and without deduction.
Shipping costs are the responsibility of the customer, unless there is an exclusive written agreement. Chocolates and Cocoa FAVARGER SA reserves the right to modify its prices and delivery costs at any time.
10. Terms of payment
Payment is possible by credit card (Visa, Mastercard, AmericanExpress) or by invoice (payment slip or IBAN).
In the case of payment by credit card, payment must be made before delivery of the goods. The goods are delivered to the address indicated according to the agreed conditions upon receipt of payment.
In the case of payment by invoice, payment must be made within 30 days from the date of the invoice, unless otherwise expressly agreed in writing.
FAVARGER SA Chocolates and Cocoa reserves the right to select the payment methods offered based on the customer's order and payment history in the online store on the www.favarger.com website.
Any late payment may give rise to the deduction of default interest on the overdue balance and to the charging of administrative and legal costs incurred.
Chocolats et Cacaos FAVARGER SA reserves the right to call upon an external company specializing in commercial information and solvency investigations. To find out the contact details of this company, please contact our sales department.
If, at the time of the order, a customer has not yet paid an overdue invoice, the method of payment by payment slip or IBAN is suspended. In the event of a dispute about a recovery, the possibility of ordering online is deleted. Chocolates and Cocoa FAVARGER SA reserves the right to refuse an order until payment of the full balance due.
The available payment options are indicated at the time of the order.
In addition, Chocolats et Cacaos FAVARGER SA has the right, in the event of late payment by the Customer, to entrust a collection agency with the collection of the unpaid amounts and to sell the receivables to third parties. All costs borne by Chocolats et Cacaos FAVARGER SA or third parties in charge of recovery due to late payment shall be borne by the Customer.
11. Retention of title
The goods remain the property of Chocolats et Cacaos FAVARGER SA until full payment has been made.
12. Limitation of Liability
Without limiting the scope of these general conditions of sale, no claim whatsoever relating to delivered products, non-delivery of products or otherwise may exceed the amount of the purchase price of the products which gave rise to the a claim for damages.
UNDER NO CIRCUMSTANCES CAN CHOCOLATS ET CACAOS FAVARGER SA BE HELD RESPONSIBLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (EVEN IF THE BIRTH OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY CHOCOLATS ET CACAOS FAVARGER SA) ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, THEIR SALE OR THIS SITE.
13. Registered Trademarks
FAVARGER is a registered trademark of the company Chocolats et Cacaos FAVARGER SA.
14. Force majeure
Chocolats et Cacaos FAVARGER SA will do everything possible to fulfill its obligations but can’t be held responsible for delays or non-delivery resulting from circumstances beyond its control, such as strikes, wars, natural disasters or others that prevent the production, transportation or delivery of products.
In the event of a delay, Chocolats et Cacaos FAVARGER SA will fulfill its obligations as soon as possible and reserves the right to distribute the remaining product stocks among its customers in an equitable manner.
15. Applicable law and jurisdiction
These general conditions of sale are governed by Swiss law. The forum is in Geneva.
© FAVARGER SA Chocolates and Cocoas, June 2011