Terms & Conditions

1. Company Identity

This website, accessible at www.elementschocolats.com (the “Website”), is operated by Elements Chocolats Company Limited, a company registered in Shanghai, China (“Elements Chocolats”, “we”, “our”, or “us”).

2. Definitions

  • Buyer / Customer: Any natural person purchasing or using products or services from the Website for personal, non-commercial purposes.
  • Products: All chocolates, confectioneries, gift sets, and other items offered for sale on the Website.
  • Distance Contract: Any contract concluded between Elements Chocolats and the Customer via the Website using electronic communication.
  • Means of Distance Communication: Any method used to conclude a contract without the simultaneous physical presence of both parties.

3. Applicability

  • These Terms & Conditions govern all offers, orders, and sales concluded via the Website.
  • By placing an order, the Customer confirms acceptance of these Terms & Conditions.
  • Any deviations must be explicitly agreed upon in writing.
  • Elements Chocolats reserves the right to update or amend these Terms at any time; updated versions apply to future orders.
  • If a provision is invalid, the remaining Terms remain fully enforceable.
  • For Customers in the EU, UK, and USA, local consumer protection regulations apply where mandatory.

Customers must be at least 18 years old. Orders by minors must be placed by a parent or legal guardian. We reserve the right to refuse orders placed by minors.

5. Product Information and Offers

  • Products are described on the Website as accurately as possible, including images. However, images are illustrative only and not contractually binding.
  • Offers remain valid while the product is available.
  • Elements Chocolats may correct obvious errors in product descriptions or pricing.

6. Orders

  • To place an order, the Customer must select a product, provide billing and delivery information, agree to these Terms, and confirm payment.
  • Once the order is confirmed and payment is authorized, the contract is considered concluded.
  • Order modifications after confirmation are not guaranteed.

7. Prices and Taxes

  • All prices are displayed in RMB (¥) and include applicable taxes for China customers.
  • For EU, UK, and USA customers, applicable VAT, sales tax, or customs duties are calculated at checkout and are the responsibility of the Customer.
  • Shipping fees are calculated at checkout.
  • Elements Chocolats may correct manifest errors in pricing after order confirmation.

8. Payment

  • Accepted payment methods include:
    • China: VISA, MasterCard, American Express, PayPal, WeChat Pay, Alipay
    • EU, UK, USA: VISA, MasterCard, American Express, PayPal
  • Payments are processed securely via SSL encryption.
  • Orders will not be processed until payment is confirmed.

9. Delivery and Risk

  • Products are delivered to the address provided by the Customer.
  • Shipping times are estimates; delays do not entitle the Customer to compensation.
  • The risk of loss or damage passes to the Customer upon delivery or attempted delivery.
  • Geographic restrictions:
    • China: All regions except remote islands or restricted areas.
    • EU: Delivery available to member states only; certain regions (overseas territories) excluded.
    • UK: Excluding Northern Ireland, Isle of Man, and Channel Islands.
    • USA: All states except Alaska, Hawaii, or other restricted territories.

10. Perishable Products and Right of Withdrawal

  • All chocolate products are perishable food items.
  • China customers: Under Chinese law, no right of withdrawal applies.
  • EU customers: Under EU consumer law, right of withdrawal does not apply to perishable goods.
  • UK customers: Right of withdrawal does not apply to perishable goods.
  • USA customers: Right of withdrawal generally does not apply to food products; local state laws may vary.

11. Retention of Title

Ownership of products transfers to the Customer only after full payment has been received by Elements Chocolats.

12. Liability

  • Elements Chocolats is liable for damages only to the extent required by law.
  • We are not liable for indirect or consequential losses, including loss of income or profits.
  • Liability is limited to the purchase price of the affected products.

13. Intellectual Property

All content on the Website, including text, images, and graphics, is owned by Elements Chocolats or licensed to us. Customers may not reproduce or use any content without written permission.

14. Complaints

  • Customers must notify Elements Chocolats immediately of any product defects or delivery issues via email: [Insert Email].
  • Claims should include photos and relevant information.
  • We will respond to complaints as promptly as possible.

15. Force Majeure

Elements Chocolats is not liable for failure to perform obligations due to circumstances beyond our control, including but not limited to natural disasters, strikes, or technical failures.

16. Governing Law and Dispute Resolution

  • China orders: Chinese law applies; disputes submitted to Shanghai courts.
  • EU, UK, USA orders: Chinese law governs unless mandatory local consumer protections apply. Local courts may have jurisdiction if required.

17. Miscellaneous

  • By placing an order, the Customer confirms they have read, understood, and agreed to these Terms & Conditions.
  • Any changes to these Terms will be posted on the Website.
Créé par
Thomas Standring

© Éléments Chocolats

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