Business General Terms and Conditions of Sale
The My M&M's website, which can be found at www.business.mymms.co.uk, (hereinafter "the Website") offering the online purchase of personalised M&M's®, called My M&M'S® (hereinafter "the Products"), is published and managed by:
MARS CHOCOLAT France, a simplified share company belonging to the Mars Incorporated Group
Registered Office: 3 chemin de la Sandlach - CS 10036 - 67501 Haguenau Cedex
Companies Register number: Strasbourg, 494.887.854
Corporate equity: # 148,041,109
VAT Number: FR 04 494 887 854
Contacts: Customer Relations Department - By telephone on 08456030299 (price of a local call from a landline, department open from Monday to Friday between 9 a.m. and 5 p.m. and closed on Saturday and Sunday) - By electronic mail from the Website's homepage by clicking on "Contact".
These general terms and conditions of sale (hereinafter the "Conditions") apply between Mars Chocolat France (hereinafter "We/Us/Our") and all and any professional person or entity placing an order directly on the Website or via our Customer Relations Department by telephone (hereinafter "You").
The Conditions may be amended at any time, on the stipulation that the Conditions applicable are the ones in force on the day of your order.
On checking the box "I agree to the general terms and conditions of sale" when you confirm your order on the Website or when you pay for your order after receiving an e-mail confirming such order for orders placed on the Website by telephone, you acknowledge that you have taken cognisance of and unreservedly agree to the Conditions and the Confidentiality Policy pertaining thereto. No special conditions or oral or written conditions of purchase, appearing in or on any medium whatsoever, may, unless we first formally agree thereto in writing, prevail over the Conditions. The fact that We do not, at a given time, avail ourselves of any one or other of the provisions in the Conditions may not be interpreted as Our waiving the right to avail ourselves of any one of such provisions at a later date.
1.1. Placing your order
The Products can only be ordered on the Website, either directly by You or via our Customer Relations Department by telephone. It is thus not possible to place an order anywhere but on the Website: neither by e-mail, nor by fax or post, nor on any other Internet site.
Each order placed by telephone via our Customer Relations Department must be for a minimum amount of # 2,500 excluding VAT. All orders placed by telephone for less than such amount shall not be honoured and must be placed on the Website.
If You order directly on the Website, You must follow the various steps suggested until confirmation of your order.
If You order by telephone, You must call 08456030299 (price of a local call from a landline, department open from Monday to Friday between 9 a.m. and 5 p.m. and closed on Saturday and Sunday). We shall follow the various steps suggested on the Website according to your instructions. If You wish to take advantage of the Faces service (printed images, logos or photos on the Products), You must, when ordering by telephone, send the image that you wish to have reproduced to our Customer Relations Department by electronic mail at firstname.lastname@example.org . If You do not have the image available when placing your order, you must make a telephone appointment with our Customer Relations Department for a later date to finalise your order.
1.2. Your account
When placing your order, You must open a user account on the Website, providing us with a certain amount of information on the entity in whose name and on behalf of whom You are purchasing Products, as well as on your own identity. For orders placed by telephone, We will handle the formalities of opening your account pursuant to the terms laid down on the Website and in according with your instructions. We shall then send You an electronic mail with your personal information and your login details.
You acknowledge that the Website is reserved for professionals and You affirm that you are acting in respect of the needs of your professional activity or those of the entity in whose name and on behalf of whom You are ordering.
Once your account has been opened, You may access the "My account" page at any time from the Website's homepage to check the status or consult the history of your orders or to update the information provided.
1.3. Conclusion of the sales contract
The sales contract shall be concluded at such time as You confirm and pay for your order pursuant to the information given on the Website or in the electronic mail sent to you upon completion of your order for payments by bank transfer.
However, the sales contract is concluded on the resolutory condition of compliance of the personalised content (message, photograph or image) that You wish to have reproduced on the Products (hereinafter "the Personalised Content") with the terms and conditions set out in Article 7 points d) to f) of the Conditions and/or with the technical requirements mentioned on the Website or explained by telephone. If the terms of the Personalised Content that You wish to have printed on the Products fail to comply with such provisions, You shall be contacted by our Customer Relations Department by electronic mail at the address that you gave when ordering /creating your account. Our Customer Relations Department shall ask You to explain their terms and, if necessary, to modify them, suggest alternative Personalised Content that complies with the requirements of Article 7 points d) to f) and the technical requirements mentioned on the Website. If You do not reply to such electronic mail or You send Us Personalised Content that fails to comply with the requirements of Article 7 points d) to f) and/or the technical requirements mentioned on the Website within a period of 24 hours as of receipt of the electronic mail, a reminder shall be sent to you by electronic mail. If You do not reply with appropriate Personalised Content by the deadline given, three further reminders shall be sent to you. If, after the fourth reminder, You fail to e-mail our Customer Relations Department Personalised Content that complies with the requirements of Article 7 points d) to f) and the technical requirements mentioned on the Website by the deadline, the sales contract shall be terminated as of right. Your order shall be cancelled and You shall receive a full refund of the sums that You paid when placing your order within eight days of dispatch of the final electronic mail reminder. In any event, failure to abide by the provisions of Article 7 of the Conditions and/or the technical requirements mentioned on the Website may bring about an extension of the delivery deadline mentioned in Article 5.2 of the Conditions, which shall not engage our responsibility or bring about the cancellation of the sale.
Once your order has been approved, You shall receive a confirmation by electronic mail, which shall in particular summarise the essential points of your order (quantity, packaging, content, latest delivery date, amount, shipping address) and, if You have chosen to pay for your order by bank transfer, the information you will need to make such payment. If you have any questions, You may consult the "Online Help" page on the Website or contact our Customer Relations Department at the address that appears in the preamble to these Conditions and reiterated in the confirmation e-mail.
1.4. Tracking your order
You may access your account on the "My Account" page at any time from the Website's homepage to check the status or consult the history of your orders or to update your personal information.
You shall also be informed of your order tracking by e-mail.
1.5. Modification or cancellation of your order
Insofar as the Products are clearly personalised and manufactured to order according to the Personalised Content that You were under no constraint to input and the colours that you have chosen, the cancellation or modification of an order is not possible in theory.
We nevertheless invite You to check the status of your order on line on the "My Account" page on the Website. If the status of your order shows that your order has already been manufactured or is undergoing preparation, We shall be unable to modify or cancel your order for the aforementioned reasons. Conversely, if the status of your order shows that your order has not yet been manufactured, You may contact our Customer Relations Department at the address given in the preamble to these Conditions and request it to modify or cancel your order. You must, at such time, have your order number ready. NB! Your modification request may cover all of the information that You have given to us, particularly the delivery address, the choice of colours or the Personalised Content, but excludes the quantities ordered.
We may, from time to time, suggest that You purchase pre-printed Products from the Website. The foregoing provisions also apply to such Products insofar as, owing to their nature, they are subject to rapid deterioration.
2.1. For the formats "Sachet 10g", "Metal Box 20g", "Gift Sachet 40g", "Gift Sachet 40g with personalised card" and "Gift Box 80g", your order is subject to purchasing a minimum number of Products, as indicated on the Website or by telephone.
2.2. You may choose two types of Personalised Content. Each type of Personalised Content is printed randomly on all of your Products, irrespective of their colour.
2.3. We shall endeavour, when you place your order on the Website, to provide You with all and any appropriate information in real time regarding the availability of the various packaging options and colours requested for the Products. If the desired packaging options or colours are unavailable for the Products after your order has been placed, We shall inform You by telephone or electronic mail at the earliest opportunity and We shall suggest a replacement solution for You (e.g.: another delivery date, another colour, etc.). If such suggestion does not suit You, you order shall be cancelled and You shall receive a full refund within 10 days of your date of payment at the latest.
2.4. Our products must be stored at between 18 and 22°C in order to guarantee their quality.
The prices of our Products are given in euro excluding value added tax and excluding delivery charges. When ordering by telephone, the prices given to You are the same as the ones given on the Website.
We apply a sliding scale of prices according to the volume purchased for a single order. The delivery charges are not taken into account in the base calculation of the sliding scale prices. On the Website, the prices given when choosing the formats on the Website are the lowest prices and You must select a format to find out the price applicable according to the volume of your order.
Our delivery charges are indexed to the amount you spend on your order, the chosen delivery method (standard or express, see Article 5.2), the place of delivery and the weight and volume of the parcel. You shall be informed of such charges when you finalise your order, whether on the Website or by telephone. To find out the delivery charges applying, click here.
Two periods are defined: the "winter" period from 1 October to 31 May and the "summer" period from 1 June to 30 September. During the so-called "summer" period, a surcharge applies owing to the use of the isothermal packaging needed to preserve the optimal quality of our products during shipping. We reserve the right to apply the "summer" pricing scale in the event of an unforeseen rise in temperatures leading to a packaging surcharge. In this case, You shall be informed when you place your order.
We reserve the right to modify the prices of our Products at any time. The price applying to your order is the price in force at the time at which you confirm your order, as given on the Website or by telephone.
The Products that You order are manufactured only as of actual payment in full for your order.
4.1. Payment methods
For the orders that You place directly on the Website, we accept payment by:
- Bank card (Carte Bleue®, Amex®, MasterCard® and VISA®): the request to charge your card is made immediately on the day of order;
- Bank transfer: if You choose this payment method, the transfer shall be made within 10 working days of your order to the bank account, details of which are given on the invoice that shall be sent to you by electronic mail. Failing which, the sales contract shall be terminated as of right and your order shall be automatically cancelled. We would inform you that your bank is likely to invoice You for the cost of the bank transfer.
For orders placed by telephone, payment by bank transfer only is accepted.
4.2. Secure transactions
In order to protect your personal and bank information, all transactions made when using the Website are secure and encrypted by the SSL system to be processed by our financial partner. Your data do not transit via the Website. Only the bank partner of our Website and any third parties involved in the order process with payment by bank card or bank transfer have access to such information.
Your invoice is available on the Website under "My Accounts / My Orders / Print an Invoice" as of confirmation of your order.
The invoice corresponding to your order shall also be appended to the confirmation that You shall be sent by electronic mail pursuant to Article 1.3 of the Conditions.
5.1. Delivery address
Products ordered on the Website, directly or by telephone, are shipped only in mainland France, including Corsica.
Products are delivered to the delivery address with which You provide us when placing your order. This may be different from the invoice address. You may modify information regarding the shipping or invoicing of your order under "My Account", provided that the status of your order does not show "dispatched".
5.2. Delivery methods and terms
5.2.1. The delivery term commences as of actual payment in full for your order (e.g. as of the date of receipt of your payment on our bank account in the case of payment by bank transfer).
5.2.2. Two delivery methods are available to You:
§ Standard delivery: With this delivery method, the average term between placing your order and receiving your parcel is 8 or 20 working days, depending on the format ordered. To find out the delivery terms that apply, click here;
§ Express delivery: When you choose this delivery method, the term between placing your order and receiving your parcel is 24 hours if:
o Your order is finalised before 10 a.m.;
o You are among the first 150 orders;
o You order was placed from Monday to Thursday between 1 October and 31 May or from Monday to Wednesday between 1 June and 30 September;
o You wish to receive your delivery at a location that can be reached within 24 hours.
If these conditions are not met, You shall receive your delivery:
o Within 48 hours if Your order was placed from Monday to Thursday between 1 October and 31 May or from Monday to Wednesday between 1 June and 30 September;
o Within 72 to 96 hours if Your order was placed after 10 a.m. on Thursday between 1 October and 31 May or after 10 a.m. on Wednesday between 1 June and 30 September.
It is stipulated that:
o The express delivery method is valid only for the "Sachet 10g", "Metal Box 20g" and "Gift Sachet 40g with personalised card" formats and for orders for various Products (multilingual orders);
o Payment shall be accepted only by bank card, thus excluding payment by bank transfer.
Furthermore, we cannot accept more than 450 orders per day with this option. In addition, a maximum number of Products per order must not be exceeded:
Tube 28 g
Case 400 g
Box 80 g
Bulk 1.5 kg
Case 300 g
You shall be informed of the availability of the express delivery method and the latest delivery date if You choose this option before you finalise your order.
5.2.3. It is stipulated that there are no deliveries on Saturday and Sunday or on public holidays.
5.2.4. Products forming parts of the same order, if packed in several parcels, are dispatched simultaneously, but they may be delivered separately, depending on processing by our carrier.
5.3. Failure to meet delivery deadlines
The deadlines given above take into account any deliveries made by our carrier. We undertake to refund your shipping charges on all and any deliveries after the date given on the Website when placing your order.
However, our responsibility may in no event be invoked and the sale may not be cancelled if the delivery deadlines mentioned on the Website are not met owing to:
§ Your failing to abide by the provisions of Article 7 of the Conditions and/or the technical requirements mentioned on the Website;
§ Your provision of an incorrect or inaccurate delivery address (information missing or erroneous).
In such scenarios, no compensation shall be agreed.
5.4. Absence on the day of delivery
You shall be informed by electronic mail of the day of dispatch of your order. You shall find in such e-mail a link to our carrier's website in order to track the status of your delivery online.
If you are absent at the time of delivery of your parcel, the deliveryman is required to leave a non-delivery notice in your letterbox, informing you of the contact details of the carrier. Three attempts at delivery are made if you are absent. You then have five days to contact our carrier in order to reschedule the delivery. After those five days, your order is returned to Us and our Customer Relations Department shall take care of informing You and sending your order back to You. If the second dispatch is not successful, no further action shall be taken regarding your delivery and no refund shall be possible.
We would remind You that your order cannot be left in your letterbox for reasons of maintaining the quality of our Products.
6. Conformity and quality of our Products
We strongly encourage You to carry out a complete inspection of your Products on receipt.
If Products are spoiled, missing or do not conform to your order, You or the recipient of the Products must:
§ Immediately write down clear, exact and complete reservations on the delivery slip;
§ Confirm such reservations to our carrier and our Customer Relations Department within a maximum of 3 days of the date of receipt of your Products by registered letter with acknowledgement of receipt. Our carrier's contact details are given in the e-mail tracking your order which was sent to you.
If no reservations are duly expressed on the delivery slip and confirmed to our carrier and our Customer Relations Department within three days, the Products shall be deemed conform and no returns/exchanges shall be accepted.
Subject to compliance with the procedure laid down above, You may obtain a refund for or the replacement of spoiled, missing or non-conforming Products, without further indemnity or damages.
By ordering the Products on the Website, whether directly or via our Customer Relations Department by telephone, You duly state and guarantee that:
a. You have the legal capacity to enter into a contract;
b. You are ordering the Products exclusively for the needs of your professional activity or the professional activity of the entity in whose name and on behalf of whom you are entering into the contract;
c. You undertake not to commercialise, resell or distribute the Products in any way whatsoever;
d. You are not submitting any "reprehensible" Personalised Content. "Reprehensible" means in particular anything which is discourteous, defamatory, injurious, pornographic, sexually explicit, illegal, discriminatory or constitutive of an insult owing to racial or ethnic origin or sexual preference, and any content that may be deemed harassing, abusive, threatening, harmful, vulgar, obscene, or violent, which would constitute a violation of a proprietary claim including the right to the image of an individual and respect for the private life devolving upon all actual persons or an individual freedom, an abridged or false representation of facts, or an incitement to hatred, which may encourage others to break the law by any means whatsoever, or which is inappropriate in any other way;
e. You are not submitting any Personalised Content that may infringe the rights of title of third parties, such as intellectual property rights, for instance, and You duly provide guarantees against all and any legal action by third parties on this point in application of Article 9 of the Conditions;
f. You are not submitting any Personalised Content that may have a political connotation and/or may be related to a candidate in an election or a member of a political party. My M&M'S®, as a national brand intended for everyone, cannot and does not wish to be considered the vehicle for a political party or a candidate in an election.
8. Limitation of liability
Our liability may not be invoked in the event that failure to fulfil or poor fulfilment of one or more of the obligations contained in the Conditions or laid down by the relevant regulations may be imputable:
§ To You: notwithstanding the other provision in the Conditions, Our liability may in particular not be invoked in the event of any spelling mistakes or other mistakes that You may have made when inputting your Personalised Content on the Website or when describing it to Us by telephone;
§ To the unforeseeable and insurmountable influence of a third party;
§ To an Act of God.
Our liability may not be invoked subsequent to completion of the sale under application of the provisions of Articles 1.3, 2.3 and 4.1 of the Conditions. The ensuing cancellation of the order shall not entail any indemnity of any kind, except for the reimbursement of sums already paid, where applicable.
We take every care to portray and describe with the greatest accuracy possible the specifications of the Products on the Website and in the confirming electronic mails that We send to You. Our liability may not be invoked, however, in the event of insubstantial differences between the portrayal of the Products on the Website and the Products delivered.
Our liability may not be invoked for any inconvenience or damage inherent in using the telephone network or the Internet network, particularly an interruption in service, an external intrusion or the presence of computer viruses.
9. Intellectual property
9.1. Personalised content
9.1.1. You grant Us permission to use the Personalised Content that You wish to have printed on the Products on the pages of the Website for the exclusive needs of our external public relations in order to enable us to show other customers practical examples of Personalised Content.
Such permission is granted free of charge, for the entire world and for all periods of protection of intellectual property rights. On this point, You guarantee Us quiet use and enjoyment of such Personalised Content under the terms laid down in Article 7 of the Conditions.
9.1.2. You hereby declare, should your Personalised Content constitute or incorporate the reproduction of a logo protected under private law, such as a trademark, a commercial name or brand, a company name, an advertising slogan, a title, a name of a person, an emblem, a family name, a pseudonym, a title of nobility, the seal of a public establishment, a domain name or an appellation of controlled origin, that you (or the entity in whose name and on behalf of whom you agree to the terms of this contract) are the rightful owner of title and/or operational rights over such protected signs, within the framework of their intended use.
Therefore, You hereby guarantee that the reproduction of a protected sign under the Conditions, for the needs of your professional activity or the professional activity of the entity in whose name and on behalf of whom You agree to the terms of this contract, does not infringe the rights of third parties and You further guarantee against any action and/or complaint from third parties in this regard.
9.2. Components of the website
All components on the Website, whether visual or audible, including the underlying technology, are protected by the laws on copyright, trademarks or patents. They are our exclusive property. All reproductions or portrayals, in whole or in part, of the components of the Website constitute acts of computer piracy that may engage the civil and criminal liability of their author. The inclusion of a hypertext linked referring to the Website using the so-called "framing" or "deep linking" technique is strictly prohibited.
You undertake to assist and indemnify Us (particularly for any legal costs and lawyers' fees incurred), as well as our representatives, salaried employees and business partners against all and any complaints or claims resulting from all and any failure to fulfil or abide, in any way whatsoever, on your part or on that of any other person using your account, by the obligations and guarantees stipulated in the Conditions, as well as for all and any harmful consequences resulting from the use and/or reproduction of a protected sign infringing the rights of third parties in any manner whatsoever.
11. Agreement on proof
You expressly acknowledge that all and any information that We have registered on the Website and all and any correspondence exchanged by electronic mail are taken to be official and definitive data between the parties.
In particular, in the context of orders placed by telephone, You acknowledge and accept that, in paying for your order as described on the invoice that is sent to You by electronic mail, You agree to the content (Personalised Content, colours, quantities, packaging.) and the price and you duly agree not to contest them.
12. Personal data and confidentiality policy
Personal data concerning You are needed to open your account, to manage your order and for our commercial relations. Your consumer data are processed exclusively by Mars Chocolat France and its parent company Mars Inc. based in the United States and may be forwarded to the carrier regarding the delivery of the parcel. Pursuant to the French Data Protection Act No. 78-17 of 6 January 1978 amended, You are entitled to access, modify and rectify personal data concerning You by contacting the Customer Relations Department by electronic mail from the Website's homepage, by clicking on "Contact".
We further inform You that our personal data collection system has been duly declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) [French Data Protection Authority].
As a company from the Mars Incorporated Group, we share and publish our confidentiality policy on line. It can be consulted at the bottom of each page on the Website. Please click on Confidentiality Policy to learn more about it.
13. Law applicable and competent jurisdiction
The parties agree that the Conditions are subject to French law.
All and any contestation to which the Conditions may give rise must be brought before the jurisdiction of the Colmar Court of Appeal, even in the case of impleaders or multiple defendants.