GENERAL TERMS AND CONDITIONS OF SALE
The My M&M’s website accessible at http://www.mymms.co.uk/index.aspx (“the Site”), which offers online sales of personalised M&M’s® chocolate confectionery products named My M&M’S® (“the Personalised Products”) and other products of the M&M’s brand that are not chocolate confectionery products (the “M&M’s Products”) (together, “the Products”), is published and managed by:
MARS CHOCOLAT France, a French simplified joint stock company belonging to the Mars Incorporated Group
Head Office: 3, Chemin de la Sandlach - CS 10036 - 67 501 Haguenau Cedex - FRANCE
RCS Number: Strasbourg, 494.887.854
Share capital: €148,041,109
VAT Number: FR 04 494 887 854
Contacts: Customer Relations Team – by telephone at 0845 603 75 63 (Charges for telephone connections may apply. Please check the details with your telephone operator), the Customer Relations Team is available to take your calls from Mondays to Fridays between 9am and 5pm but not on Saturdays and Sundays) – By e-mail: from the Site home page by clicking on the link "Contact".
These general terms and conditions of sale (the "Conditions”) shall be applicable between Mars Chocolat France (“We”, “Us”) and any person placing an order on the Site (“You”).
The Conditions may be amended, with the Conditions applying to your order being those in force on the date You placed your order. These terms were last updated on 17.06.2014. Such change shall not affect the rights already acquired by You under the Conditions applicable when You placed your order.
1.1: Placing your order
The Products may only be ordered from the Site. It is therefore not possible to place an order otherwise than on the Site, by either e-mail, fax, letter or telephone, or on any other website.
To order Personalised products on the Site, You must choose the colours (up to two colours) You want, indicate the text or picture You want to reproduce, choose the desired pack and the desired quantity of Personalised Products (please note that for some packs You must order a minimum quantity). By clicking on "add to shopping cart", You place your order in the shopping cart without entering into an obligation to purchase. A summary of your order is then presented to You. You can remove the Products from the shopping cart at any time by clicking on the red cross. You can change the desired quantity by modifying the written number and clicking on "Recalculate" to know the price of your order including VAT. M&M’s Products could be suggested to You for inclusion to your shopping cart. You will be then asked to select your delivery area and to add your zip code, click on “Continue” and then choose between “Standard delivery” and “Express delivery” to see the applicable shipping costs. If You want to continue the purchase process, You must tick the box “I accept the Terms and Conditions of Sale” and click on the button "Continue". You may create a customer account but registration is not mandatory to place an order. If You do not have a customer account, You must enter your details (the required information is marked with an asterisk). To continue the purchase process, click on "Confirm". If You want to modify your order before continuing the purchase process, click on “Back”. After clicking on “Confirm”, choose your payment method and enter your bank account details (the required information is marked with an asterisk) to complete your order. To confirm and pay your order, click on “Make payment”. You can interrupt the procedure at any time before You click on “Make payment” by closing the concerned browser window.
1.2: Your account
When placing your order, You may create a customer account on the Site, which will allow You to track your orders and consult your order history. In order to do so, go to the “My account” section of the Site and enter the requested information.
You may also order Products on the Site without creating an account.
1.3: Conclusion of the sale contract
The sale contract shall be concluded as soon as You have confirmed and paid for your order in accordance with the instructions on the Site. The sale contract will be concluded in English.
However, as far as Personalised Products are concerned, the sale contract shall be concluded subject to the resolutive condition that the personalised content (message, photograph or picture) that You wish to have reproduced on the Personalised Products (“the Personalised Content”) complies with the terms of paragraphs c) to e) of clause 7 of the Conditions and/or the technical requirements listed on the Site. If the Personalised Content that You wish to have reproduced on the Personalised Products does not comply with such provisions, You shall be contacted by our Customer Relations Team by e-mail at the e-mail address provided by You when placing your order/creating your account. Our Customer Relations Team will request that You provide greater detail and, where applicable, modify it by proposing another Personalised Content that complies with the terms of the terms of paragraphs c) to e) of clause 7 and the technical requirements listed on the Site. If You do not respond to this e-mail or if You send Us Personalised Content that is not compliant with the terms of paragraphs c) to e) of clause 7 and/or the technical requirements listed on the Site within 24 hours from receipt of the e-mail, a reminder e-mail shall be sent to You at your e-mail address. Should no response complying with the above requirements be received from You within the stipulated periods, three additional reminders shall be sent to You. If, after the fourth reminder, You have not e-mailed to our Customer Relations Team Personalised Content that complies with the terms of paragraphs c) to e) of clause 7 and the technical requirements listed on the Site within the stipulated periods, the sale contract shall be terminated. Your order shall be cancelled and the sums paid by You when placing your order shall be refunded to You in full within ten days from the dispatch of the last e-mail reminder. In any event, if You fail to comply with the terms of paragraphs c) to e) of clause 7 of the Conditions and/or the technical requirements listed on the Site, this may result in an extension of the delivery periods stipulated by clause 5.2 of the Conditions. The delivery period relevant to Your order will commence from when the terms of paragraphs c) to e) of clause 7 of the Conditions and/or the technical requirements listed on the Site are satisfied.
Once We confirm your order, You will receive an e-mail confirmation summarising in particular the key components of your order (quantities, packaging, content, latest delivery date, amount, shipping address, etc.). Should You have any questions, You may contact our Customer Relations Team using the contact details provided at the top of the Conditions and reproduced in the confirmation e-mail.
1.4. Sale Contracts Archiving
We archive sale contracts in a database with computer technology. You may access your sales contract at any time by contacting our Customer Relations Team using the contact details provided at the top of the Conditions, for 10 years as from the date of conclusion of the sale contract.
1.5. Tracking your order
If You have created a customer account on the Site, You can access such account at any time from the "My account" section on the home page of the Site in order to verify the status of your order, consult your order history or update your personal information.
If You did not create an account, You shall be informed of the progress of your order by e-mail only.
1.6. Right of cancellation
Personalised Products: in accordance with Article L. 121-21-8 of the French Consumer Code or, if applicable, with similar provisions that apply in your country, insofar the Products: (i) are Personalised Products which are clearly personalised and produced to order on the basis of Personalised Content freely entered by You in the colours chosen by You; and (ii) are likely to deteriorate rapidly on account of their nature, You shall not have the right of cancellation provided for by Article L. 121-21 of the French Consumer Code or, if applicable, by similar provisions that apply in your country.
We however recommend You to verify the status of your order online via the "My account "section on the Site (provided that You have previously created a customer account on the Site). If the status of your order shows that the order has already been manufactured or that it is the process of being prepared, We will be unable to modify or cancel your order for the reasons set out above. On the other hand, if the status of your order shows that it has not yet been manufactured, You may contact our Customer Relations Team using the contact details provided at the top of the Conditions and request the modification or cancellation of your order. In such a case You should have your order number to hand. NB! Your modification request may relate to any information you have provided to Us, and in particular the shipping address, the colour selection or the Personalised Content, but not the quantities ordered.
We may from time to time offer for sale on the Site pre-printed chocolate confectionery products. These products will be assimilated to Personalised Products and the above terms shall also apply to such products insofar as they are likely to deteriorate rapidly on account of their nature.
The above terms shall also apply to the packaging sold as a batch with 1.5kg bags, as such products together constitute a single product.
M&M’s Products: in accordance with Article L121-21 of the French Consumer Code or, if applicable, with similar provisions that apply in your country, You have a cancellation right regarding your purchase of M&M’s Products under the following conditions:
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the M&M’s Products You have ordered.
To exercise the right of cancellation, You must inform Us of your decision to cancel this contract by an unequivocal statement, for instance:
- by postal letter to Taktim Terre D’appel - Service Consommateurs My M&M’s - Tour Sébastopol - 3 quai Kléber - 67000 Strasbourg - France;
- from the Site home page by clicking on the link "Contact";
- by telephone at 0845 603 75 63.
You may use the model cancellation form available here, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for You to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Effects of cancellation
If You cancel this contract, We shall reimburse to You all payments received from You, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which We are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction. In any event, You will not incur any fees as a result of such reimbursement. We may withhold reimbursement until We have received the M&M’s products back or You have supplied evidence of having sent back the M&M’s products, whichever is the earliest.
You shall send back the M&M’s Products, without undue delay and in any event not later than 14 days from the day on which You communicate your cancellation of this contract to Us, to Mars Chocolat France - Equipe My M&M’s - 3 chemin de la Sandlach - CS 10036 - 67 501 Haguenau Cedex - France. The deadline is met if You send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
1.7. Use of promotional codes
When You use a promotional code in connection with an order on the Site, You are subject to the Conditions.
In the circumstances referred to in clause 1.3 above, if, after the fourth reminder, You fail to submit to our Customer Relations Team by e-mail Personalised Content that is compliant with the requirements of paragraphs c) to e) of clause 7 and the technical requirements listed on the Site within the stipulated periods, your promotional code shall be deactivated. In order to be able to use it again, You should contact our Customer Relations Team, which will reactivate the promotional code, subject to its validity period.
2.1. M&M’s used for Personalised Products are made with milk chocolate (70%) and sugar-coated.
2.2. When purchasing Personalised Products in the “Tube”, “Deco Case”, “Bag” and “Design Bag”, You must purchase a minimum of 20 Personalised Products.
2.3. You may select up to two types of Personalised Content. Each Personalised Content shall be printed randomly on all of your Products, whatever the colours thereof.
2.4. When You place your order on the Site, We provide You with all relevant information in real time in relation to the availability of the various packs or colours requested in connection with Personalised Products. If any requested pack or colour becomes unavailable for Personalised Products after your order has been placed, We shall inform You thereof as soon as possible by telephone or e-mail and We shall propose an alternative solution (e.g., another delivery date, a different colour, ...). Should such proposals not meet with your approval, your order will be cancelled and You will receive a full refund within ten days from the date of your payment.
2.5. You may only purchase M&M’s Products in the context of an order of Personalised Products, as M&M’s Products cannot be purchased separately. You may also order on the Site a personalised card to go with your Personalised Products. This card shall be assimilated to the Personalised Products and sales thereof shall be subject to the Conditions.
2.6. Our Personalised Products must be stored at between 18 and 22°C in order to guarantee their quality.
The prices of our Products are listed in pounds and include all taxes but exclude shipping costs.
For Personalised Products, We apply volume rates based on the volume of a purchase in a single order. Shipping costs are not included in calculations on the basis of the volume rates. The prices listed when choosing formats on the Site will be the lowest, and You must select a format in order to see the applicable price based on the volume of your order.
Standard delivery: free
Express delivery: 8 £
You will be informed of such costs at the time You complete your order.
We reserve the right to modify the prices of our Products at any time. The price applicable to your order will be the price in force at the time You confirmed your order, as displayed on the Site.
The Personalised Products that You have ordered will be produced only once full and effective payment for your order has been made.
4.1. Payment methods
We accept payments by:
- bank card (Carte Bleue®, Amex®, MasterCard® and VISA®): debit on your bank card will be requested immediately on the date of your order;
4.2. Secure transactions
In order to protect your personal information and bank account details, all transactions completed on the Site are secure and encrypted using the SSL system and are then processed by our financial partner. Your data do not pass via the Site, and only the partner bank of our Site and any third party involved in the order process with bankcard or Paypal payment may access such information.
If You have created an account, your invoice will be available on the Site in the "My account” section under “My orders / Print an invoice”, as soon as your order is confirmed.
If You have not created an account, your invoice will be available, in Pdf form, after You have confirmed your order.
5.1. Shipping address
Products ordered on the Site will be delivered only within United Kingdom including Northern Ireland but excluding the islands of Jersey, Guernsey and Man.
The Products will be delivered to the shipping address given by You when placing your order. The shipping address does not have to be the same as your billing address. If You have created an account on the Site, You may modify the delivery or billing information for your order, provided that the status of your order is not “sent”.
5.2. Delivery methods and periods
5.2.1. Two methods of delivery are proposed to You:
§ Standard delivery: :with this delivery method, the maximum period between the placing of your order and receipt of your package will be 10 working days;
§ Express delivery: with this delivery method, the period between the placing of your order and receipt of your package will be 24 hours if:
o You place your order before 10.00 am;
o Your order is amongst the first 150 orders received on that day;
o You place your order between Monday and Thursday from 1 October until 31 May, or between Monday and Wednesday from 1 June until 30 September;
o You wish to take delivery at a location accessible within 24 hours.
Si ces conditions ne sont pas remplies, Vous serez livrés :
o If such conditions are not satisfied, You will receive delivery:
o within 48 hours if You complete your order between Monday and Thursday from 1 October until 31 May, or between Monday and Wednesday from 1 June until 30 September;
within 72 to 96 hours if You complete your order after Thursday 10am from 1 October until 31 May, or after Wednesday 10am from 1 June until 30 September.
It is specified that the express delivery option will not be available on orders containing different Personalised Products (multi-line orders), and that We are unable to accept more than 450 orders per day with this option.
In addition, a maximum number of Personalised Products per order may not be exceeded:
Type of Product
You shall be informed of the availability of the express delivery option and the latest delivery date should You select this option prior to completing your order.
5.2.2. It is specified that no deliveries will be made on Saturdays or Sundays or on public holidays.
5.2.3. If Products forming part of the same order are packaged in several parcels, these will be dispatched at the same time but may be delivered separately, depending on their handling by the carrier./p>
5.3. Non-compliance with delivery periods
The periods stipulated above take into account delivery by our carrier. We undertake to refund to You the shipping costs paid for any delivery that arrives after the date notified on the Site when placing your order.
Note that this undertaking shall not prevent the application of Article L. 138-1 and seq. of the French Consumer Code or, if applicable, of similar provisions that apply in your country. According to French law, if We do not respect the delivery deadline of the Products, You may, on written request, enjoin Us to deliver the Products and, if We do not answer, You may cancel your order and be reimbursed of all the sums paid. You may also immediately cancel your order and be reimbursed of all the sums paid, if any of the following apply:
We have refused to deliver the Products;
delivery within the delivery deadline was essential for You (taking into account the relevant circumstances that were apparent at the time of your order); or
You told Us before We accepted your order that delivery within the delivery deadline was essential for You (where it was not obvious from the circumstances or the nature of the order that the deadline was essential).
However, We will accept no liability under any circumstances, and the order may not be cancelled if the delivery periods notified by the Site are not complied with:
as a result of your non-compliance with the terms of clause 7 of the Conditions and/or the technical requirements listed on the Site;
if You provide the wrong shipping address or an inaccurate shipping address (with missing or inaccurate information).
In such cases, We will not grant any compensation to You.
5.4. Absence on the delivery date
You will be informed by e-mail of the shipping date for your order. You will find in this e-mail a link to the website of our carrier allowing You to track the status of your delivery online.
If You are absent on delivery of your package, You will be informed of alternative delivery options either by a note left at your address or by an e-mail or by text message.
We remind You that your order cannot be placed in your mailbox, in order to maintain the quality of our Products.
5.5. Inspection of the Products
We strongly recommend that You inspect carefully the Products You receive and record any issues on the delivery note, in particular if your Products have been damaged or do not comply with your order. Without prejudice to the statutory warranties described hereunder and to the statutory rights covering in case of defective Products, any problems that You wish to take up with the carrier must be notified to the carrier by registered letter with acknowledgement of receipt within three working days from the date on which You receive your Products.
6. Statutory warranties
You shall have the benefit of the statutory warranty as to compliance and the warranty covering defects in the Products sold, in accordance with Articles L. 211-4 to L. 211-14 of the French Consumer Code, and Articles 1641 to 1648 of the French Civil Code or, if applicable, with similar provisions that apply in your country . According to these provisions, the Products delivered to You shall comply with the specification of your Order and shall be free of any faults.
In order to benefit from such warranties, You must contact our Client Relations Team once You have received your order. They will inform You of the terms of such warranties and the conditions for their implementation, as well as the action to be taken in order to benefit therefrom. Should a replacement of your order not be possible or do not suit you, We shall refund to You the price of your order, which refund may be partial or complete. We will only issue a partial refund to reflect any reduction in value of the Products, if this has been caused by You handling them in a way which would not be permitted in a shop.
The Customer Relations Team shall also request that You return to Us your initial order. You shall receive by e-mail a consignment note to attach to your parcel. The costs of returning the parcel shall be borne by Us. Unilateral returns that are not approved by our Customer Relations Team shall not be accepted.
7. Your undertakings
By ordering the Products via the Site, You declare and warrant to Us that:
a. You have the legal capacity to contract or hold parental authorisation to make a purchase on the Site;
b. You are ordering the Products for your personal use only. You undertake not to market, resell or distribute the Products in any manner whatsoever;
c. You are not submitting any “improper” Personalised Content. “Improper” means inter alia anything that is disparaging, defamatory, offensive, pornographic, sexually explicit, unlawful, discriminatory or insulting with regards to racial or ethnic origins or sexual preference, and any content that may be deemed to be harassing, abusive, threatening, harmful, vulgar, obscene or violent, or that consists of a breach of a private right, including image rights and the right to a private life of a natural person or any personal freedom, or a distorted or false representation of facts or hate speech, or which incites a breach of the law by any means whatsoever, or which is inappropriate in any other way;
d. You are not submitting any Personalised Content that infringes the property rights of third parties, such as in particular intellectual property rights, and You shall indemnify Us against any action brought by a third party in this regard pursuant to clause 9 of the Conditions;
e. You are not submitting any Personalised Content with a political connotation and/or that could be connected to a candidate in any election or any political party. My M&M'S®, as a national brand enjoyed by all members of the public, may not and does not wish to be seen to support any political party or any candidate in an election.
8. Limitation on liability
We will accept no liability if the non-performance or defective performance of one or more of the obligations imposed by the Conditions or stipulated by the applicable regulations is attributable:
to You: without prejudice to the other terms of the Conditions, We will not be liable in the case of spelling errors or other errors made by You when entering your Personalised Content on the Site;
to any unforeseeable and insuperable act of a third party;
to any event of force majeure such as a general strike, a natural disaster or a blaze.
The images of the Products on our Site are for illustration only. Although We have made every effort to display the colours and pictures accurately, we cannot guarantee that your computer's display of
the colours and pictures accurately reflects the colours and pictures of the Products. Your Products may vary slightly from those images on the Site.
We will accept no liability for any inconvenience or damages inherent to the use of the internet, including but not limited to service disruptions, third-party acts or the presence of computer viruses.
9. Intellectual property
9.1. Personalised Content
You authorise Us to use the Personalised Content, that You wish to have printed on the Products, on the pages of the Site, for the sole purposes of our external marketing, so that We may show our other customers specific examples of Personalised Content.
This authorisation is granted for no consideration, on a worldwide basis and for the entire duration of the protection available for intellectual property rights. You therefore warrant to Us that We shall have peaceful enjoyment of the use of such Personalised Content in accordance with the terms of clause 7 of the Conditions.
9.2. Components of the Site
All the components of the Site, be they visual or audio components, including the underlying technologies, are covered by copyright, trademarks or patents. They are our exclusive property. Any reproduction or representation of all or part of any of the components of the Site may constitute an infringement of our intellectual property rights and may result in civil and criminal liability for the person infringing such rights. Embedding a hyperlink in the Site to any other website by using the technique known as "framing" or "deep linking" is strictly prohibited.
You undertake to assist Us and indemnify Us, as well as our representatives, employees and partners against all complaints or claims (including but not limited to court costs and the fees of external counsel) resulting from or in connection with any culpable breach whatsoever of the obligations assumed and warranties given pursuant to these Conditions, either by You or any person using your account.
Personal data that concern You are necessary to create your account, manage your order and administer our commercial relationship. Your personal data shall be used only by Mars Chocolat France, its parent Mars Inc. in the United States and may be provided to the carrier in the context of the delivery of your order. In accordance with the “Loi Informatique et Libertés n° 78-17” (Data Protection Law) of 6 January 1978, as amended, You have a right to access, modify and correct your personal data by e-mailing the Customer Relations Team from the Site home page by clicking on “Contact”.
We furthermore inform You that our personal data collection system has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) (French National Commission on Informatics and Liberty).
12. Dispute resolution and governing law
The parties agree that the Conditions shall be governed by French law.
It is recalled that in accordance with Article L.133-4 of the French Consumer Code or, if applicable, with similar provisions that apply in your country, in the event of a dispute You are entitled to have recourse to a contractual mediation procedure or any other mode of alternative dispute resolution with the relevant court. Any claim linked to the application of the Conditions or the use of the Site may also be filed with our Client Relations Team.