Terms of Service

General Terms of Use for Érico Chocolatier

Last Revision Date: April 11, 2024

Acceptance of Terms

By accessing and using the website https://www.ericochocolatier.com (the “Site”), including all connected mobile applications and services offered, as well as purchasing products via the Site, you agree to be bound by these General Terms of Use (the “Terms”). If you do not accept all the Terms, you must not use the Site or the associated services.

Legal Capacity

By using the Site, you declare that you are of legal age according to the laws of your country and have the legal capacity to enter into contracts.

Company Information

Érico Chocolatier is operated by Cédric Allain and Eric Louinet, located at 634, rue Saint-Jean, Québec, QC G1R 1P8. The site is hosted by Wix.com. For any questions, please contact us via:

Phone: 418.524.2122

Email: info@ericochocolatier.com

Mail: 634, rue Saint-Jean, Québec, QC G1R 1P8

These Terms are provided in French. In case of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

Furthermore, before placing and confirming an order, you must read and accept these Terms.

Product Descriptions

You must carefully read the description of the Services and/or Products before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible about these characteristics, without being exhaustive. The photographs, drawings, and descriptions of the Products and/or Services are provided for illustrative purposes only and do not bind us.

We invite you to refer to the information and usage instructions that are provided on the packaging, labels, and accompanying documents. We cannot be held responsible for any damage resulting from the failure to follow these usage instructions for the Products and/or Services provided on our website.

Product Purchases

(1) Any purchase of Products is subject to the Terms applicable at the time of purchase.

(2) When purchasing a Product: (i) it is your responsibility to read the complete list of items before committing to purchase them; and (ii) placing an order on the site (by completing the payment procedure by pressing the "Buy" button or a similar button) may result in a legally binding contract for the purchase of the relevant Product, unless otherwise indicated in these Terms.

(3) You can choose from our selection of Products and place the products you intend to purchase in a cart by clicking the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may occur inadvertently, at any time. These changes do not affect the price of Products you have already purchased previously. During payment, a summary of all the Products you have placed in your cart will be presented to you. This summary includes the essential characteristics of each product as well as the total price of all products, the applicable goods and services tax, and shipping fees, if applicable. The payment page also gives you the opportunity to review and, if necessary, modify or remove Products, or change quantities. If necessary, you can also identify and correct entry errors using the editing function before making your order binding. Any delivery time indicated applies from the receipt of your payment for the purchase price. By pressing the "Buy" button, you place a firm order to purchase the Products listed at the price and with the shipping fees indicated. To complete the ordering process by clicking the "Buy" button, you must first accept these Terms as legally binding for your order by checking the corresponding box.

(4) We will then send you an order receipt confirmation by email, in which your order will be summarized again and which you can print or save using the corresponding function. Please note that this is an automatic message that only documents the fact that we have received your order. It does not indicate that we accept your order.

(5) The legally binding contract for the purchase of the products is concluded only when we send you an acceptance notice by email or when we deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it if a payment process is initiated immediately after submitting your order (for example, an electronic money transfer, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the "Buy" button.

(6) You can save your preferred payment method for future use. In this case, we will store your payment identifiers in accordance with applicable industry standards (e.g., PCI DSS). You will be able to identify your stored card by its last four digits.

Delivery

We can deliver our products within the city of Quebec, and elsewhere in the province for certain products only and under favorable weather conditions.

Delivery rates and times vary depending on the type of Products ordered, the delivery address, and the chosen delivery method.

Applicable delivery rates and times will be communicated to you before confirming your order.

Special Offers

We may occasionally offer coupons, gift cards, or discounts and other offers (the "Offers") regarding our Products. These Offers are only valid for the duration that may be indicated. Offers cannot be transferred, modified, sold, exchanged, reproduced, or distributed without our express written permission.

Intellectual Property

(1) Our Services and associated content (and any derivative work or improvement thereof), including, but not limited to, all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names, and trade dress and interactive features, as well as all related intellectual property rights, are our property or under our license (collectively, "Our Intellectual Property"), and nothing herein grants you any rights in relation to Our Intellectual Property. Unless expressly stated herein or required by mandatory provisions of applicable law for the use of the Services, you acquire no right, title, or interest in Our Intellectual Property. All rights not expressly granted in these terms are expressly reserved.

(2) If the Products include digital content such as music or videos, the rights indicated for this content on the Site will be granted to you.

Warranty Exclusion

The Services, Our Intellectual Property, and all documents, information, and content provided regarding them that are made accessible to any user free of charge are provided "as is" and "as available," without any warranty of any kind, express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, timeliness, accuracy, or performance of our services, except in the case of malicious non-disclosure of defects. We do not warrant that our free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates. The warranty of the Products you have purchased from us, as mentioned in the "Product Warranty" section above, will not be affected.

Indemnification

You agree to defend and indemnify us against any claim, damage, cost, liability, and expense (including, but not limited to, reasonable attorney's fees) arising from, or related to, your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless these circumstances are not caused by your fault.

Limitation of Liability

(1) To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, management or office time waste, even if foreseeable, in connection with (i) this Site and its content, (ii) the use, inability to use, or the results of the use of this site, (iii) any website linked to this Site or the materials on those linked websites.

(2) We cannot be held responsible for any delay or failure to fulfill our obligations under these Terms if such delay or failure results from a cause beyond our control and/or a case of force majeure as defined in article 1216 of the Civil Code.

Changes to Terms

We reserve the right to modify these Terms at any time. Your continued use of the Site constitutes your acceptance of the new Terms.

Links to Third-Party Sites

The Services may include links that take you away from the Site. Unless otherwise stated, linked sites are not under our control and we are not responsible for their content, the links they contain, or any changes or updates to them. We are not responsible for transmissions received from linked sites. Links to third-party sites are provided for convenience only. Adding links to other websites does not imply that we endorse their owners or content.

Governing Law

These Terms are governed by the laws of Canada, without regard to its conflict of law provisions.

Contact

For any questions or complaints regarding the Site, please contact us at info@ericochocolatier.com