Terms and Conditions of Sale


The General Terms and Conditions of Sale ("GTC") hereinafter apply to all orders for chocolates delivered and invoiced to customers located in metropolitan France by the company Com Co Agency SL, whose registered office is located at C/Easo 77, 20006 San Sebastian, Spain.

1. Objections

The general terms and conditions of sale (hereinafter GTC) constitute the sole basis for commercial negotiation as provided for in Article L 441-1 of the Commercial Code and are available to our customers to enable them to place orders for products delivered and invoiced in mainland France. Thus, in the absence of any express and written agreement between the parties to the contrary, these GTC will prevail over any clause or condition to the contrary. The fact that we do not use, at any given time, any of these conditions cannot be interpreted as a waiver of our prevalence thereafter. These T&Cs cancel and replace those previously published.

2. Acceptance and Right to Reject Orders

We reserve the right to reject, reduce, or split any order that is of an abnormal nature. The minimum order is €25 excluding taxes. If we accept orders less than this amount, a flat shipping fee of €15 excluding taxes may apply. However, if we had to unpack the requested products, we may have to charge an unpacking cost at the time of invoicing.

3. Delivery Terms

3.1 Delivery

Orders will be shipped approximately within 24/48 hours from confirmation through payment.

Orders placed on Fridays/Saturdays/Sundays are shipped on Mondays.

Shipments with SEUR. Free shipping for orders over €55 excluding taxes - You can choose pickup at SEUR Pickup Stores throughout Europe.

*Gipuzkoa €5.75 - Spain and Portugal €6.75.

*Balearic Islands from €8.75.

*Europe: Germany, France, Netherlands, Luxembourg €12.99 + VAT

*Europe: Belgium, Italy, Austria, Czech Republic €14.50 + VAT

*Europe: Slovakia, Slovenia, Denmark, Hungary, Poland €14.99

*Europe: Croatia, Estonia, Latvia, Lithuania €24.10 + VAT

Shipments outside the EU: Consult transportation

The standard delivery time is 2 to 5 business days (Monday to Friday) from the order date. However, we are not responsible in case of force majeure in the context of events such as war, riot, fire, terrorist acts, strikes, pandemics, blockades, or other labor disputes, and any other unforeseeable and insurmountable event that makes it impossible to prepare, store, deliver products, or carry out normal sales.

The customer agrees to communicate to us in advance the security protocol established by him if, however, the delivery area is difficult to access. Any reservation at the time of delivery must be mentioned on the delivery slip.

3.2 Reservations on Delivery – Claims

The verification of the delivered products must be carried out at the time of delivery in the presence of our driver or our carrier. The delivery slip or transport document is signed by the customer and expressly mentions any reservation observed by him, particularly regarding packaging, weight, packaging, quality, and quantity of the products. Any claim that could not be recorded at the time of delivery must, to be valid, be sent to us within 24 hours.

3.3 Right of Withdrawal

The right of withdrawal for the purchase of chocolates and compositions is excluded. Indeed, in accordance with Article L 121-20-2 3° of the Consumer Code, the right of withdrawal cannot be exercised for products that, "by their nature, cannot be returned or may deteriorate or expire rapidly," which is the case with chocolate.

3.4 Packaging

We guarantee the highest quality of products; therefore, during hot seasons, orders will be shipped with the SEUR cold service, subject to a surcharge of €3.99 + VAT.

4. Product Returns

Since these are food products, perishable, and need to be stored at temperatures between 15 to 18 °C, we cannot accept the return or exchange of ordered products because we cannot resell them without guaranteeing their perfect preservation away from heat, cold, and humidity. Nevertheless, we will always be available for any clarification.

5. Payments

All payments are made using the payment methods offered through the website. For all companies benefiting from payment conditions by bank transfer, our invoices are payable on the due date mentioned on the invoice. Not paying a single invoice before the due date makes all our accounts receivable immediately due, even those not yet due. Furthermore, we may refuse to fulfill any new or pending order, without prejudice to any other course of action. According to Articles L 441-10 and D 441-5 of the Commercial Code, any delay in payment automatically implies:
payment by the customer of a penalty equal to the rate applied by the European Central Bank (ECB) for its last refinancing operation, increased by 10 points, without prejudice to any other cost if we are forced to request payment in court.
The debtor's obligation to pay a lump-sum compensation of €40 for recovery costs. Additional compensation, with supporting documentation, may be claimed when recovery costs incurred exceed the amount of the lump-sum compensation.
In case of lack of creditworthiness of the buyer or a first order from a new customer, we can request cash payment from order to delivery. In addition, we can also demand cash payment in case the customer is subject to bankruptcy proceedings and the trustee has requested the continuation of existing contracts.

6. Retention of TITLE

The ownership of the requested goods belongs to Com Co Agency 2016 S.L until full payment by the customer. However, the risks of theft, loss, or damage to the goods, as well as any damage they may cause, are the responsibility of the customer from the moment the goods are shipped.

7. Legal

In the event of a dispute and no amicable agreement, the Commercial Court of the location of the issuer's establishment of the invoice in question shall have jurisdiction.