GENERAL TERMS OF SALE FOR THE US WEBSITE
I. Applicability of General Sales Conditions
1.1. These General Sales Terms and Conditions apply to any and all purchases and sales that are in any way described, mentioned, promoted or listed in the catalogue for La Maison du Chocolat. ("LMDC," "We" or "Us") for the United States. Any terms and conditions not expressly included herein are excluded. By placing an order, the Customer accepts these General Sales Terms and Conditions. LMDC reserves the right to modify the General Sales Terms and Conditions at any time. All new transactions with LMDC entered into after the effective date of any such modification shall be governed by the modified Terms and Conditions.
1.2. No additional condition sought to be introduced by any purchaser shall be deemed applicable unless expressly accepted in writing by an authorized officer of LMDC. The failure of LMDC to exercise one or more of its rights hereunder shall not be deemed a waiver of those or any other rights.
II. Requests and Confirmation
2.1. Orders may be made:
- By telephone:
Madison Avenue Boutique: (212) 744-7117
Rockefeller Center Boutique: (212) 265-9404
Wall Street Boutique: (212) 952-1123
Customer Service: (718) 361-9161
Please click the following link to see current boutique hours of operation: Our Boutiques
- By fax:
Madison Avenue Boutique: (212) 744-7141
Rockefeller Center Boutique: (212) 265-9405
Wall Street Boutique: (212) 952-1133
Customer Service: (718) 361-9408
- By internet at www.lamaisonduchocolat.us
Specific and clear information as to your name (as it appears on any credit card you may provide), billing address, shipping address (PO boxes not accepted) and mode of payment is critical. We cannot be responsible for errors in information that is provided to us. Costs resulting from such errors will be charged to the purchaser.
2.2. Once an order has been placed, cancellations or changes will not be accepted. However, in exceptional situations, LMDC will try to honor requests for changes. A fee will be charged in the event LMDC is able to effect a requested change. In no event can a change be made once a shipment has been accepted by the shipping service.
2.3. Each order is subject to approval by LMDC. LMDC reserves all rights to reject any order due to insufficient stock, incomplete customer information, or for any other lawful reason. LMDC undertakes to inform the purchaser within two (2) business days following receipt of an order if there will be a problem filling it.
3.1. Unless otherwise noted, all LMDC pricing and other charges are stated in US Dollars ($) before tax. Prices are subject to change.
3.2. Shipping charges, which are payable by the purchaser, are extra, and vary by destination. Details are available upon request from LMDC.
IV. Payment at Time of Order
4.1. All purchases are subject to immediate payment using Visa, MasterCard, Discover, or American Express. LMDC is unable to offer any discounted terms.
V. Availability of Products
5.1. The catalogue lists all of the products that generally are available from LMDC. From time to time products may be out of stock or otherwise unavailable. Please contact us with any product inquiries.
5.2. Certain special gift items are unique and handcrafted and, therefore, available only in small quantities. To confirm availability, please call LMDC before ordering.
5.3. For gift baskets and hat boxes, LMDC reserves the right in the event of the unavailability of an item(s) to substitute an item(s) of equal or greater value.
5.4. The presentation of gift items may be modified to ensure proper delivery and handling.
VI. Delivery of Products
6.1. Product Shipping
6.1.1. The accuracy of the shipping information provided by the purchaser is crucial in making sure that orders can be delivered properly. This allows LMDC customers to enjoy LMDC products for the full extent of their shelf life. LMDC cannot be held responsible for incomplete or erroneous delivery instructions.
6.1.2. After acceptance of an order, LMDC will prepare and forward it to the shipping service. Although LMDC can assure delivery to most specified locations, it is up to the purchaser to verify receipt with the shipping service. Failure to identify properly to the shipping service problems with delivery may result in the purchaser’s inability to make a successful claim. Some shipping services require a signature upon delivery. Once the product is delivered according to shipping instructions, neither LMDC nor the shipping service can be held responsible for loss or for damage caused by environmental conditions.
6.2. Shipping Charges
6.2.1. Deliveries are made on BUSINESS DAYS and, for an extra charge, Saturdays. No deliveries are made on Sundays, Mondays or holidays.
Delivery to all of our locations is as follows:
Priority Overnight Delivery: Next day delivery for orders placed before 3:00 PM EST, arrival to most destinations by 12:00 PM.
Standard Overnight Delivery: Next day delivery for orders placed before 3:00 PM EST, arrival to most destinations by 8:00 PM.
Second Day Delivery: Delivery in 2 days for orders placed before 3:00 PM EST, arrival to most destinations by 8:00 PM.
Second Day AM Delivery: Delivery in 2 days for orders placed before 3:00 PM EST, arrival to most destinations by 12:00 PM.
Home Delivery: Next day delivery for orders placed before 3:00 PM EST, arrival to most destinations by 8:00 PM.
Ground Delivery: Next day delivery for orders placed before 3:00 PM EST, arrival to most destinations by 4:30 PM.
Any order received after 3:00 PM EST will be processed and shipped on the next available business day.
6.2.3. LMDC will not be responsible for delays caused by events beyond its control, including strikes, natural disasters or terrorism.
Shipping times may be extended during busy holiday seasons (THANKSGIVING, CHRISTMAS, VALENTINE’S DAY, EASTER AND MOTHER’S DAY).
VII. Transfer of Risk
The purchaser assumes risk of product loss or deterioration once the product is tendered to the delivery service.
VIII. Questions and Complaints
8.1. LMDC prides itself on the high level of its products and service. If you have a criticism or a complaint, please contact us at once. We will work hard to make you happy, but need your help in order to do so. Damage claims should be clearly described in writing, along with a photograph, dated and signed.
8.2. All claims must be received by LMDC within 48 hours of product delivery. Claims received thereafter may not be honored. No claim for defective product can be processed without return of defective product. When warranted, LMDC will issue a call tag and pay for return shipping. Claims should be sent to LMDC Customer Service Department, by email or by postal service, offering proof of delivery of the parcel to LMDC. The address for claims is as follows:
1018 Madison Avenue - New York, NY 10075 - USA
Telephone: (718) 361-9161 – Monday - Friday from 9:00 AM EST - 6:00 PM EST
8.3. No claim will be reviewed unless accompanied by a written explanation and a photograph that demonstrate the problem, as well as the damages occasioned thereby. After an analysis of the situation, LMDC at its own discretion will determine the appropriate remedy, which may include a refund of payment or a reshipment of product.
8.4. LMDC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMIT, LOSS OF PROFIT, REVENUE OR OTHER BENEFITS ARISING FROM CLAIMS HEREUNDER, OR FOR CLAIMS AGAINST THE PURCHASER BY ANY THIRD PARTY.
9.1. Returns will be accepted by LMDC only upon its prior written agreement and in no case more than 48 hours after delivery to a recipient.
9.2. Where LMDC accepts a return in the case of an obvious flaw or the nonconformity of the products delivered with an order, LMDC will allow the free replacement of the product or the return of the amount paid by the purchaser. In making a purchase, the purchaser, on behalf of itself and any recipient of the purchase, waives any additional claims it may have, including for interest and other payments.
X. Right of Access and Correction
Because of our concern with the protection of your private life and information personal to you, LMDC treats with the strictest confidentiality all personal information it receives about its customers. We will request from a purchaser only the information (including name and street and email addresses) necessary to fill and follow-up on an order.
10.2. Customer Communications
You also are encouraged to tell us how we can keep you up-to-date with our product line, especially seasonal specials. We would be happy to communicate with you, and to have you communicate with us, by mail, email or telephone.
Our mailing address: La Maison du Chocolat – 1018 Madison Avenue - New York, NY 10075 - USA
Our email address: email@example.com
Telephone: (718) 361-9161
11.1. LMDC guarantees the quality and freshness of its products from the time they leave our boutique in New York, so long as they are handled and stored as recommended by the materials that accompany each shipment. Please refer to the best before date indicated in the nutrition fact label.
11.2. EXCEPT AS SET FORTH IN THIS SECTION, LMDC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO ITS PRODUCTS, INCLUDING ANY WARRANTIES AS TO THE FITNESS OF ITS PRODUCTS FOR A PARTICULAR PURPOSE. ANY SUCH ADDITIONAL WARRANTIES HEREBY ARE DISCLAIMED.
XII. Governing Law
All of our transactions shall be governed by the laws of the State of New York without regard to its choice of laws provisions.
XIII. No Resale
Consumers agree that product purchased from LMDC is for personal use (including gift-giving) and shall not be resold.
XIV. Chocolate Subscription
The chocolate subscription service is available within the United States. The payment of the subscription is due at the time of ordering, and is not refundable during the year. Chocolate subscription products are delivered in two shipments throughout the year. The products must be delivered to the same recipient. The client/sender must inform La Maison du Chocolat of any change in the recipient’s address information. For more information, please contact our Customer Service: firstname.lastname@example.org
Thank you for shopping with us.
Note: The photos on our Online Boutique may not be accurate depictions of the products featured therein.