Terms and conditions of sale

Article 1: Acceptance of the Terms

The Terms are available on the Website and may be consulted by Customers at any time. BAROK may revise them at any time. The Terms applicable to an order are those in effect on the date the order is placed, as published online. By placing an order, the Customer expressly and unreservedly accepts these provisions. The Customer agrees to the Terms when confirming an online order or accepting a quotation. The Terms prevail over any other document issued by the Customer or signed between the Parties, particularly in the event of a conflict, unless BAROK has expressly agreed otherwise in writing in advance.

Article 2: Products

The Products are dark chocolate bars personalised with the Customer’s logo or design, available in:

• Round format
• Square format

Each bar is handcrafted in Toulon, France, using dark chocolate.

Photographs and 3D renderings of the Products shown on the Website or in commercial proposals are for illustrative purposes only. Slight variations in colour, texture or detail may occur between the rendering and the final Product, owing to the handcrafted nature of production.

BAROK reserves the right to change the range of Products shown on the Website at any time.

Article 3: Orders

3.1 Ordering process

Customers may place orders online on the Website, or accept a quotation following an email or telephone discussion with BAROK. The ordering process is as follows:

1. The Customer supplies their logo or design in SVG, PNG or JPEG format;
2. BAROK produces a 3D preview of the Product;
3. A quotation is sent to the Customer;
4. The Customer approves the quotation in writing, by email or signature;
5. The order is confirmed upon receipt of the deposit.

Once the Customer has approved the order, accepted the Terms and paid the deposit, the order is considered firm and final.

3.2 Refusal and unavailability

BAROK reserves the right to refuse an order in whole or in part, particularly if raw materials are unavailable, payment is refused or the order is abnormal. BAROK will inform the Customer of any unavailability as soon as possible. Unavailability will result either in cancellation and reimbursement of amounts already paid, or in a revised delivery date agreed between the Parties.

Article 4: Prices

4.1 Prices

Product prices are quoted in euros, excluding VAT. VAT will be added at the rate in effect on the invoice date. The price applicable to an order is the price in effect when the Customer confirms the order.

4.2 Design fees

A design fee of €100 excluding VAT is charged for each new design to create the personalised mould. This fee is waived for orders of 100 pieces or more, except for reorders where the mould already exists.

4.3 Price changes

BAROK reserves the right to change its prices at any time. The applicable prices are those in effect when the order is confirmed.

Article 5: Payment terms

5.1 Payment schedule

Payment is made in two instalments:

• A 35% deposit of the total including VAT when the order is confirmed;
• The remaining 65% of the total including VAT before the Products are dispatched.

No order will enter production or be dispatched if the Customer has not made the required advance payment.

5.2 Accepted payment methods

• Payment card, through a secure payment provider;
• Bank transfer.

Online card payments use a secure protocol compliant with applicable standards to protect the confidentiality and security of information supplied during the transaction.

5.3 Late payment

Under Article L441-10 of the French Commercial Code, late payment automatically incurs interest at three (3) times the applicable statutory interest rate and a fixed recovery charge of €40. No discount is offered for early payment.

Article 6: Delivery, receipt and complaints

6.1 Delivery charges

Delivery charges are payable by the Customer. They depend on the delivery method, destination, parcel weight and volume. They are communicated in the quotation and included on the invoice.

6.2 Lead times

Manufacturing and delivery times are provided as estimates and are not binding on BAROK, which will make its best efforts to deliver within the stated times. They vary according to the order quantity, design complexity, the need to create a new mould and the time of year. Delivery delays do not entitle the Customer to financial compensation or damages, regardless of the cause.

6.3 Dispatch

Products are dispatched by post (Colissimo or an equivalent service) or another carrier agreed between the Parties. BAROK will inform the Customer of the dispatch date when available and provide delivery tracking information.

The Customer must provide all accurate information required for delivery, including name, address, access code, intercom, floor and telephone number. BAROK is not responsible for delays or returned deliveries caused by inaccurate, incomplete or imprecise information, or by the Customer’s absence. Any redelivery is entirely at the Customer’s expense.

6.4 Receipt and complaints

Upon receipt, the Customer must check that the Products conform to the order, particularly the number of parcels and their external condition. Any discrepancy or reservation must be recorded in writing on the carrier’s delivery receipt at delivery, then confirmed to BAROK by email at pierre-alexandre@barokchocolat.com within three (3) days of delivery, in accordance with Article L. 133-3 of the French Commercial Code.

If no reservations are raised within this period, the Products are considered to conform to the order and BAROK is released from liability.

Hidden defects that cannot reasonably be detected at delivery must be reported to BAROK by email within a maximum of forty-eight (48) working hours from delivery. The Customer must provide photographs establishing the existence and origin of the reported defects.

Defects or damage related to temperature, transport or storage conditions after the Products leave BAROK’s premises are not considered hidden defects and do not engage BAROK’s liability.

6.5 Exclusions

Complaints cannot be accepted for:

• Minor differences in colour or texture inherent in handcrafted Products;
• Transport damage not reported to the carrier on receipt;
• Products stored incorrectly by the Customer after delivery, including unsuitable temperature or humidity.

Where a Product is confirmed to be defective, through breakage or a manufacturing fault, BAROK undertakes to replace the affected Products as soon as possible.

Article 7: Right of withdrawal

As the Products are personalised and made to the Customer’s specifications, the right of withdrawal does not apply, in accordance with Article L221-28 of the French Consumer Code. The Products are made to order using a unique mould bearing the Customer’s logo and are perishable by nature.

Article 8: Intellectual property

8.1 Customer logos and designs

The Customer warrants that they hold the necessary intellectual property rights to the logos and designs supplied for personalisation. The Customer releases BAROK from liability for infringement or unauthorised use of graphic elements supplied by the Customer.

8.2 Moulds and design files

Physical moulds created for the Customer remain BAROK’s property and are retained for possible reorders. Design files, including 3D files and preview renderings, also remain BAROK’s property.

8.3 Use of images

BAROK reserves the right to use photographs of the finished Products for communication, portfolio and promotional purposes, unless the Customer expressly objects in writing.

Article 9: Retention of title and transfer of risk

Products remain BAROK’s property until their price has been paid in full. Payment is considered complete only once BAROK has actually received the funds.

The risks associated with the Products transfer to the Customer on the delivery date.

Article 10: Non-performance and force majeure

In the event of force majeure, as defined in Articles 1218 et seq. of the French Civil Code and interpreted by French courts, including fires of any kind, extreme weather, industrial disputes, strikes, interruptions to raw material supplies, government regulations, transport blockages, or events leading to the declaration of a public health or security emergency, BAROK’s contractual obligations are automatically suspended in whole or in part, without formalities, for the duration of the event.

If force majeure prevents BAROK from performing its obligations for more than three (3) months, either Party may terminate the unperformed portion of those obligations without obtaining judicial authorisation and without entitlement to damages.

Article 11: Liability

BAROK cannot be held liable for force majeure as defined in Article 10, incorrect storage after delivery, the Customer’s use of logos or designs without the necessary intellectual property rights, or inaccurate or incomplete delivery information supplied by the Customer.

In all cases, BAROK’s liability is limited to the value of the order concerned.

Article 12: Customer service

All enquiries and complaints must be addressed to BAROK Customer Service:

• By email: pierre-alexandre@barokchocolat.com
• By post: JAMBO PAM — 7 rue Guiot, 83200 Toulon, France

Article 13: Applicable law and dispute resolution

The Terms and all contracts entered into under them are governed by French law. In the event of a dispute, the Customer should contact BAROK Customer Service as specified in Article 12 to seek an amicable resolution.

If an amicable resolution cannot be reached, any dispute will be submitted to the Toulon Commercial Court.