General terms of sales

Preamble
The RICHART-CHOCOLATES.com on-line store was set up by the company SAH America which operate the site.

Any orders placed for products appearing in the RICHART-CHOCOLATES.com on-line store are conditional upon agreement of these General Terms of Sale.

Accordingly, the purchaser acknowledges that he/she is fully aware of the fact that his/her acceptance of these General Terms of Sale does not require the hand-written signature of this document, insofar as the purchaser wishes to order the products presented in the web store on-line.

The purchaser is able to save or print out these General Terms of Sale, it being understood that he/she is solely responsible for saving/printing out this document.
The on-line store set up by the company SAH America within the framework of the website provides the following information:

A legal notice enabling precise identification of the company SAH America;

A presentation of the main characteristics of the goods offered for sale;

An indication, in $US, of the price of the goods, as well as, where applicable, shipping costs;  An indication of the arrangements for payment, shipping or execution of the agreement for sale;

All of this information is set out in English. The purchaser acknowledges that he/she has full capacity to commit him/herself to the General Terms of Sale set out herein.


Article 1: Entirety

These General Terms of Sale set out all of the obligations of the parties. In this respect, the purchaser is deemed to accept all of the provisions set out in these General Terms of Sale without reservation.

No general or specific terms set out in documents sent or submitted by the purchaser may be included in these General Terms of Sale, should such documents be incompatible with these General Terms of Sale.


Article 2: Purpose

The aim of these General Terms of Sale is to define the rights and obligations of the parties within the framework of the on-line sale of goods and services offered by the company SAH America to the purchaser.

 
Article 3: Contractual Documents

The agreement between the parties is constituted by the following contractual documents, listed in decreasing order of importance:

These General Terms of Sale;

The Order Form.

In the event of any contradiction between the provisions contained in documents of different rank, the provisions of the document of the higher rank shall prevail.


Article 4: Term

These General Terms of Sale shall enter into force upon the date of signature of the order form.
These General Terms of Sale are entered into for the period necessary for the supply of the goods and services subscribed to, until the expiration of the warranties provided by the company SAH America.



Article 5: Electronic Signature

When the purchaser "clicks" on the order form, this shall constitute an electronic signature which, between the parties, shall have the same value as a hand-written signature.


Article 6: Confirmation of the Order

The contractual information shall be confirmed by e-mail, by the delivery date at the latest, or, failing this, by letter sent to the purchaser at the address set out in the order form.

 
Article 7: Evidence of the Transaction

The computerized records that are kept, subject to reasonable security conditions, in the computer systems of the company RICHART shall be deemed to constitute evidence of the correspondence, orders and payments made between the parties.

All order forms and invoices are stored on reliable and sustainable media which may be

produced by way of evidence.


Article 8: Prices

The prices are set out in US Dollars and are only valid upon the date on which the order is placed by the purchaser. These prices do not take account of shipping costs, which are invoiced over and above the purchase price and are stipulated before validation of the order.
The price must be paid in full when the order is placed. The sums paid may not in any event be considered to constitute a down-payment or a deposit.


Article 9: Means of Payment

All orders shall be settled by bank card. The company SAH America reserves the right to suspend any order management or shipping in the event that authorization for payment by bank card is refused, or in the event of non-payment.

More particularly, the company SAH America reserves the right to refuse to ship goods or honor any orders placed by purchasers who have not settled previous orders either in part or in full or with whom the companies are engaged in an ongoing dispute.
The company SAH America has set up an order checking procedure, the aim of which is to ensure that no person uses the bank details of another person without their knowledge. Within the framework of this order checking procedure, the purchaser is requested to fax to the company SAH America a copy of his/her identity card, as well as proof of residence. The order will only be validated after our services have received and checked the documents sent by the purchaser.


Article 10: Product Availability

The (current or future) availability of the products and services offered is given on the site by way of indication only. Our acknowledgement of receipt of the order constitutes final validation of this availability.

 
Article 11: Shipping Arrangements

All products are shipped to the address indicated by the purchaser on the order form and solely to addresses in the United States.

The purchaser is bound to inspect the condition of the packaging of the goods upon delivery and to indicate any damage due to the transporter on the delivery slip, as well as inform the company SAH America, within a period of one week.


Article 12: Delivery Problems due to the Transporter

Any anomalies relating to the delivery (loss, product missing with regard to the delivery slip, damaged packaging, damaged products ...) must without fail be indicated on the delivery slip in the space provided to this effect ("remarks"), accompanied by the signature of the purchaser. In addition, the purchaser must confirm this anomaly, by sending a letter to the transporter setting out his/her complaint, by registered mail with official receipt within two (2) working days following the delivery date.

The purchaser must send a copy of this letter by mail to:

RICHART
PO BOX 8583

New York, NY 10116



Article 13: Delivery errors

13-a: The purchaser must formulate any complaints regarding delivery errors and/or products which, either in nature or quality, fail to comply with the description on the order form, to the company SAH America upon the delivery date or on the first working day following delivery at the latest. Any complaints formulated after this deadline will be rejected.

13-b: In this respect, any complaints to the company SAH America should be sent to the following addresses:

- by mail to :


RICHART
PO BOX 8583

New York, NY 10116

- by email to : orders@richart.com


13-c: Any complaints which are not formulated in accordance with the rules set out above and within the given deadline shall not be entertained and, accordingly, the company SAH America shall be freed from any liability whatsoever with regard to the purchaser.

13-d: Upon receipt of the complaint, the company SAH America shall allocate an exchange number to the product or products concerned and shall communicate same to the purchaser by e-mail, fax or telephone. Products may only be exchanged after allocation of an exchange number to the purchaser as set out above.

 

13-e: In the event of delivery errors or product exchanges, all products to be exchanged must be returned in whole and in their original packaging to
Richart Chocolates - Shipping
30 Pulaski St

Bayonne, NJ 07002


In order to be accepted, any returns must be notified to the Customer Service Department of

the company SAH America beforehand.The shipping costs shall be borne by the company SAH America, except in the event that the

returned product is proven not to comply with the original statement made by the purchaser

  in the product return slip.


Article 14: Product Warranty

We do our utmost to ensure that your products cannot be faulted.
However, if, despite our efforts, you encounter any specific problems, please contact us at:

RICHART

PO BOX 8583

New York, NY 10116


Article 15: Force Majeure

Neither of the parties hereto shall be deemed to be in default of their contractual obligations, insofar as execution of their obligations is delayed, hindered or prevented by an unforeseen accident or a case or force majeure.

For the purposes hereof, only irresistible events or circumstances, which are beyond the control of the parties and are unforeseeable, unavoidable, independent of the will of the parties and cannot be prevented by the latter, despite all reasonably possible efforts, shall be deemed to constitute an unforeseen accident or a case of force majeure.
The party affected by such circumstances must inform the other party to this effect within ten working days of the date upon which he/she/it becomes aware of same.
In such event, both parties hereto shall enter into mutual contact, within a period of one month, failing impossibility to do so as a result of force majeure, in order to examine the impact of such event and to agree upon the conditions in which the performance of the agreement for sale may be continued.

Should the case of force majeure last for a period exceeding three months, these General Terms of Sale may be terminated by the aggrieved party.
It is hereby expressly stipulated that, in addition to those cases of force majeure or unforeseen accidents which are customarily upheld by the French courts, the following cases shall be deemed to constitute cases of force majeure or unforeseen accidents:

  The blockage of transport facilities or supplies, earthquakes, fires, storms, flooding, lightening damage;

The shutdown in telecommunication networks or difficulties specific to telecommunication networks which do not belong to the customers.


Article 16: Partial Invalidity

In the event that one or more of the provisions of these General Terms of Sale is deemed invalid or declared to be invalid in application of any law or regulation, or following any final ruling of a competent court or jurisdiction, the other provisions shall retain their full force and scope. 

Article 17: Non-Waiver

The fact that either one of the parties hereto fails to invoke non-fulfillment by the other party of any of its obligations set out in these General Terms of Sale shall not be deemed to constitute a waiver of the obligation in question for future purposes.


Article 18: Titles

In the event of any difficulties which may arise in the interpretation of the titles and the content of the articles set forth herein, the titles shall be considered to be non-existent. 

Article 19: Governing Law

All of our transactions are governed by US law and the working language is English.
In the event of any disputes or claims, the purchaser shall initially refer to the company SAH America, so as to reach an amicable settlement.

 
Article 20: Cancellation policy

Orders must be canceled at least 3 business days in advance of ship date to qualify for a refund.