Business General Terms and Conditions of Sale
These general terms and conditions of sale (the "Conditions") shall apply to all sales of personalised M&M's, known as My M&M'S®, (the "Products") on the internet site www.mymms.co.uk/business (the "Site") by the seller Mars Chocolat France, a company of the Mars Incorporated Group ("we", "our", "us"), to the purchaser ("you") where you are acting in a trade, business or other professional capacity.
These Conditions apply only to orders delivered to mainland United Kingdom.
. We may modify these Conditions from time to time. The Conditions that apply are those in force (which are online on the Site) on the day that your order is placed.
We reserve the right to modify, suspend or terminate all or any part of the services provided through this Site at any time. We will inform any entity which placed an order prior to such modification, suspension of termination.
1. Acceptance of the Conditions
By ticking the f the Conditionsspension of termination.e re placing an orderrporated Group ("we", "our", "us"), to the purchaser ("you") where you are acting in a trade, business or other professiona be able to place an order unless you have ticked the "I accept the Conditions" box.
No other terms, conditions or specification, whether verbal or in writing, appearing on any medium whatsoever, shall prevail over these Conditions without our prior written agreement. Our failure to exercise or delay in exercising a right or remedy provided by these Conditions at any time shall not constitute a waiver of that right or remedy or any other rights or remedies provided by these Conditions.
The Website is published and managed by Mars Chocolat France:
Registered office: 3, rue de Sandlach 67500 Haguenau
Companies and Trade Register (RCS) number: Strasbourg 148.041.109 #
VAT number: FR 04 494 887 854
You can contact our Customer Relations Team:
- by telephone: 0845 603 7563 (calls are charged at the cost of a local call from a land line, charges for calls from mobiles may be higher), open Monday to Friday from 9am to 5pm (closed on Saturdays and Sundays)
- by e-mail: from the homepage of the Site, by clicking on the link "Contact us"
3.1 Conclusion of the sales contract:
To place your order, go to the Site at the following address: http://www.mymms.co.uk/business and follow the instructions for the on-line order process. You may place an order for Products through the Site only. We will not accept orders placed by any other route (including but not limited to by e-mail, post, fax, telephone) or via any other Internet site.
Before placing your order, you will need to:
- select the content to be printed on the Products that complies with article 9 items c) to e) below;
- confirm that you are the legal owner of any rights pertaining to the protected signs, , contained within the selected content; - select the packaging and quantity of Products;
- create an account or log in if you have already opened an account;
- confirm that you are ordering the Products solely for use by the entity in whose name and on whose behalf you are purchasing Products;
- confirm your agreement to placing your order on these Conditions by ticking the "I accept the Conditions" box.
The sales contract will be formed as soon as we have validated and accepted your order, subject to the acceptance of your content (see article 3.2 below).
Once your order has been validated and accepted, you will receive an e-mail which will acknowledge receipt of you order and which will include details of the key elements of your order (e.g. quantity, packaging, content, maximum delivery date, price, shipping address etc).
If you have any questions, please consult the "on-line assistance" available on the Site or contact our Customer Relations Team.
3.2. Acceptance of the content:
Our obligation to fulfil in the sales contract is subject to your personalised content (message, photograph or image) complying with the conditions set out in article 9 items c) to e) below.
If the personalised content that you wish to print onto the Products does not meet these Conditions, you will be contacted by our Customer Relations Team by telephone and/or by e-mail. You will be asked to clarify the content and, if needed, to modify it by suggesting other content that complies with the requirements of article 9 items c) to e).
If you do not provide alternative content that complies with the requirements of article 9 items c) to e) to our Customer Relations Team within 5 days following our call or e-mail, the sales contract will be automatically terminated. Your order will be cancelled and you will be refunded any sums relating to the order that you have already paid within 10 days of termination of the contract.
In all events, your non-compliance with the provisions of article 9 of the Terms and Conditions and/or the technical requirements set out on the site may result in prolonging of the delivery times referred to in article 7.2 of the Terms and Conditions, without engendering any liability on our part or resulting in cancellation of the sale.
3.3 Your Account and tracking your order
Before placing your order, you will need to open a user account on the Site and provide information about the entity in the name and on behalf of which you are purchasing Products on the Site (including but not limited, the name and address of the entity and European VAT number, if applicable, SIRET number).
Once your account is open, you can access it at any time via the My account section of the My M&M's Site homepage, for example, to check your order status or history, or to update your account information.
3.4 Modifying or cancelling your order
As your order consists of Products that are personalised using the content that you have submitted and the colours that you have selected, we are under no obligation to accept any cancellation or modification of your order once placed.
If you would like to cancel or modify your order after it has been placed, we suggest that you check your on-line order status using the My account link.
If your order status indicates that your order has already been produced or is being prepared, we will not be able to modify or cancel your order for the reasons explained above.
If your order status indicates that your order has not been produced yet, please contact our Customer Relations Team immediately to see if we are able to modify or cancel your order. We may be able to modify aspects of your order such as the delivery address, the choice of colour and the nature of the content, but we are not able to amend the quantity ordered. The Customer Relations Team will ask for your order number - please ensure that you have this to hand.
4. Product availability
When you place an order on the Site, we endeavour to provide real-time information regarding the availability of the different packaging or colour choices for the Products.
Occasionally, the packaging or colours requested for the Products may become unavailable after ordering. If this occurs, we will inform you as soon as possible by telephone or e-mail and will offer a replacement solution (e.g. an alternative colour or packaging, a later delivery date). If you are not happy with the alternative offered, your order will be cancelled and you will be refunded any payments made in relation to that order within 10 days following your initial payment.
5. Prices and discounts
Prices for the Products on the Site are quoted in Pounds Sterling exclusive of VAT, excluding any applicable processing and shipping costs (see article 7.4 of these Conditions for further details).
The price is calculated on a graded basis depending on the quantity of Products per individual order. Shipping and processing costs are not taken into account when calculating the price of your Products. These costs will be indicated clearly before you submit your order.
For further details of our prices and discounts, visit "our products" page.
6.1 Terms of payment
The Products you have ordered will be produced only after payment for your order has been taken and cleared.
Payment by bank cards:
Payment by credit or debit card is processed immediately on the day of ordering.
We accept the following debit and credit cards for on-line purchases: Visa®, MasterCard® and Maestro®.
Your bank account connected to your debit card will be debited immediately after validation of your order.
Payment by bank transfer:
If you choose this payment method, the transferred sum must be received within 10 working days following the order. If we do not receive the sum owed by this day, the sales contract will automatically terminate thereby cancelling your order. Please note that your bank may apply a charge for a bank transfer.
A confirmation e-mail setting out the details of your order will be sent to you as soon as your payment has been validated.
6.2 Secure transactions
All transactions on the Site are secure. Your bank details will be encrypted by the SSL system and then processed by our financial partner. Your data is not transmitted via the Site and only the partner bank can access this information.
As soon as your order has been validated and accepted, your invoice will be available on the Site under "my account/my orders/print an invoice" for you to print out.
7. Shipping and delivery
7.1 Shipping address
The Products will be delivered to the shipping address that you have indicated in your order. The shipping address does not have to be the same as your invoice address.
No Products ordered on the Site http://www.mymms.co.uk/busines will be shipped to an address outside of mainland UK.
7.2 Delivery lead-times
The delivery date indicated to you when ordering is a maximum delivery date. We do our best to deliver your Products before the maximum delivery date so that you can enjoy your Products as soon as possible. The delivery date indicated is calculated starting from the date that we receive your full payment for your order (for example, for bank transfer, as of the reception date of your payment on our bank account).
The average time between the payment of your order and receiving your Products is ten (10) working days. The maximum delivery date is automatically worked out on the basis of the manufacturing and shipping time and the number of outstanding orders placed before yours.
If you have opted for customised packaging, additional time (as indicated on the Site when you select this option) may be necessary in order to process your order.
As indicated in article 3.2 of the Terms and Conditions, the delivery time indicated on the site may be extended in the event of your non-compliance with the provisions of article 9 of the Terms and Conditions and/or the technical requirements set out on the site, without engendering any liability on our part or resulting in cancellation of the sale.
7.3 Shipping and delivery terms
If your order is packed in multiple parcels, all of the Products relating to a same order will be shipped simultaneously. You will be informed of your order shipment date by e-mail.
All of our shipments to addresses in mainland UK are processed by express freight.
If the recipient is not present at the shipping address to receive the parcel(s), the freight forwarder will make two further attempts to deliver to that address.
After these 3 visits, your parcel will be automatically shipped back to us. If you contact our Customer Relations Team and expressly request re-delivery, we will send your Products to the delivery address again at our expense. However, we accept no responsibility for damage to Products incurred during such re-delivery.
Inside the parcel(s), you will find a delivery note summarising your order. Information relating to the price and your credit/debit card will not be indicated on this note.
7.4 Delivery costs:
You will be charged for the cost of delivery, which is calculated based on the total value of the order and the time at which the order is placed, in accordance with the pricing scales that can be found on "our products" page.
A special pricing scale applies as a result of the additional packaging surcharges incurred during the summer period. At all other times of the year, we reserve the right to apply this "summer" pricing scale in the event of an unforeseen rise in temperatures resulting in a packaging surcharge being incurred. You will be informed when you place your order if the "summer" pricing scale applies.
Click here to find out about our prices. Please note that all delivery costs are calculated and quoted when ordering.
7.5 Modification of shipping information for your order
If your order status indicates "shipped", we will not be able to modify the information relating to shipping or invoicing of your order.
If your order has not been shipped yet, please contact our Customer Relations Team to see if it is still possible to modify your order delivery information.
8. Returns and exchanges:
We strongly encourage you to inspect your Products thoroughly on receipt.
If any of the Products are damaged, missing or do not conform to your order specification, you (or the recipient) should inform our Customer Relations Team within a maximum period of three (3) working days of the date of receipt of your Products and provide details of how the Products are damaged, missing or do not conform to your order specification.
If you do not inform our Customer Relations Team of any such defects in your order within three (3) working days of receipt of your Products, the Products shall be deemed to conform to your order and we shall not accept any returns/exchanges.
Subject to you complying with the procedure set out above, we will refund or replace the damaged, missing or non-conforming Products.
9. Your confirmation
By ordering Products through the Site, you confirm and agree that:
a) You are ordering the Products solely for use by the entity in whose name and on whose behalf you are purchasing Products on the Site.
b) You and such entity will not market, resell or distribute the Products in any manner whatsoever to any third party for any purpose (including but not limited to commercial purposes);
c) You will not submit "inappropriate" content for personalised printing on the customised Products. "Inappropriate" includes any content that is offensive, slanderous, insulting, pornographic, sexually explicit, illicit, discriminatory or promotes discrimination based on racial or ethnic origin or sexual preference, and any content which may be considered as harassing, abusive, threatening, harmful, vulgar, blasphemous, obscene, violent or inciting hatred, which would constitute an infringement of a private right (including an image right and respect for private life granted to any physical person or an individual freedom), a misleading or false representation of facts, or which would in any way breach applicable laws or legislation, or is in any other way (in our sole opinion) inappropriate;
d) You will not submit any content for personalised printing on the Products that would infringe our or any third party's rights, including but not limited to any intellectual property rights, and you indemnify Mars Chocolat France against any such third party claims in accordance with article 12 below;
e) The My M&M's® brand may not be associated with any political party or candidate. You will not submit for printing on the Products any content with a political connotation and/or that may be linked with a candidate or a political party.
To the extent permitted by law:
We shall not be liable for any failure or delay in performing one or more of our obligations under these Conditions caused by any reasonably unforeseeable circumstances or any circumstances beyond our reasonable control (a "force majeure" event).
We accept no liability for any spelling mistakes or other mistakes that result from you incorrectly entering the content that you wish to be printed on the Products via the Site.
We try to ensure that the Products featured on the Site are shown and described as accurately as possible. However, we accept no liability for non-material differences between the Products displayed on the Site and the Products delivered.
We accept no liability for any inconvenience or loss resulting from the use of the Internet network to place an order through the Site, including but not limited to service disruptions, third party actions, the presence of computer viruses or the loss of electronic mail facilities.
In the event that your order is terminated prior to completion in accordance with articles 3.2, 4 or 6.1, we will reimburse any sums already paid but accept no other liability.
To the extent permitted by law, any claim made under or in connection with these Conditions must be filed within 6 months of the date that you place your order.
11. Intellectual property
11.1 Your content
You authorise us to use the personalised content that you wish to print on the Products, on the pages of the Site for the sole purposes of our external marketing, and to enable us to show our other clients practical examples of personalised content.
This authorisation is granted free of charge, worldwide and for the entire duration of the protection of intellectual property rights. You therefore guarantee Mars Chocolat France peaceful enjoyment of use of this personalised content under the conditions of Articles 9 and 12 herein.
11.2 Elements of the website
The Site is the exclusive property of Mars Chocolat France. We are and remain the owner (or the licensee) of all intellectual property rights in all elements of the Site http://www.mymms.co.uk/busines , whether visual or otherwise, including but not limited to any underlying technology.
Any reproduction or representation of the whole of or any part of the Site may constitute an infringement of our intellectual property rights and may result in civil and penal liability for the person who has infringed such rights.
Adding a hyperlink to the Site http://www.mymms.co.uk/busines to any other Internet site, and using the technique known as of the Site may constitute or any other technique is strictly prohibited.
You hereby declare, should the content constitute or incorporate the reproduction of a sign 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 on whose behalf 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 guarantee to Mars Chocolat France that the reproduction of a protected sign under this contract, for the needs of your professional activity or the professional activity of the entity on whose behalf you agree to the terms of this contract, does not infringe the rights of third parties and you guarantee Mars Chocolat France against any action and/or complaint from third parties in this regard.
You agree to indemnity and keep indemnified Mars Chocolat France, its representatives, employees and partners against all claims, damages, liability, costs and expenses (including but not limited to court charges and external counsel fees) arising out of or in connection with any breach of these Conditions whatsoever, whether by you or a person using your account, including but not limited to any claims relating to the infringement of a third party's intellectual property rights.
We require certain information, which may include personal data, from you in order to open your account, process and manage your order, and to create the commercial relationship between you and us.
In accordance with the "Loi Informatique et Libertés " (Data Protection) dated January 6 1978, you have the right to access, correct and delete your personal data held by us for the purposes set out above, by writing to our Customer Relations Team via the "Contact us" section of the Site.
Our personal data collection system has been subject to a "Commission Nationale de l'Informatique et des Libertés"(CNIL) declaration.
You expressly acknowledge that all and any information that we have registered on the Site and all and any correspondence exchanged by electronic mail are taken to be official and definitive data between the parties.
16. Applicable law and jurisdictionThe parties agree that these Conditions are governed by French law.
Any dispute arising out of or in connection with these Conditions shall be subject to the exclusive jurisdiction of the Colmar Court of Appeal.
To download our Consumer General Terms and Conditions of Sale: click here