CONSUMER GENERAL TERMS AND CONDITIONS OF SALE
These 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 http://www.mymms.co.uk/index.aspx (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 not acting in a trade, business or other professional capacity. These Conditions apply only to orders delivered to mainland UK. Please make sure you read these Conditions carefully before placing an order. We may modify these Conditions from time to time. The Conditions that apply are those in force 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.
1. Acceptance of the Conditions
2. Our contact details
The site is edited and managed by Mars Chocolat France:
Head Office: 3, rue de Sandlach F-67 500 HAGUENAU
RCS Number: Strasbourg 494.887.854
VAT Number: GB 998 9727 15
You can contact our Customer Relations Team:
- By telephone on 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 Site home page 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/index.aspx 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). The sales contract will be formed as soon as we have validated and accepted your order. However, we may terminate the contract (thereby cancelling your order) in accordance with article 3.2 below. Once your order has been validated and accepted, you will receive a confirmation e-mail 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 contact our Customer Relations Department via:
- telephone under 0 969 320 501 (cost of a local call from a landline). This service is available from 9am to 5pm, Monday to Friday (closed on Saturdays and Sundays)
- e-mail: by clicking the "Contact" tab on the home page of our website.
3.2: Acceptance of the content
Our obligation to fulfil 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 your order follow-up
You can also order My M&M's without creating an account; you will then only be informed about the progress of your order via e-mail.
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, the 7- day cooling-off period provided for in Article L.121-20 of the French Consumer Code does not apply to your order, in accordance with Article L.121-20-2 of the French Consumer Code. Therefore, 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 you have previously created an account on our website).
If your order status indicates that your order has already been manufactured 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 prepared 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 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. Availability of the Product
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, a later delivery date). If you are not happy with the alternative offered, your may cancel your order and you will be refunded any payments made in relation to that order within 10 days.
5. Prices and discounts
Prices for the Products on the Site are quoted in pounds inclusive of tax, excluding any applicable processing and shipping costs (see article 7.4 of these Conditions for further details).
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 credit card is processed immediately on the day of ordering. We accept the following debit and credit cards for on-line purchases: Visa®, MasterCard®, Maestro® and PayPal®. Your bank account connected to your debit card will be debited immediately after validation of your order. 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.
If you have created an account, your invoice will be available on our website under the heading: "My account / My orders / Print an invoice" as soon as your order has been confirmed. If you have not created an account, your invoice will be visible in PDF format after the confirmation stage of your order.
7. Delivery and shipping
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/index.aspx will be shipped to an address outside of mainland UK.
7.2 Delivery time
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 average time between ordering and receiving your Products is 10 working days. The maximum delivery date is automatically worked out on the basis of the manufacturing and shipping time and the number of orders placed before yours. This time frame takes into account the delivery carried out by our carrier. We will reimburse transportation costs for the receipt of any goods later than the date indicated on our website at the time of your order. However, Mars Chocolat France assumes no responsibility for an incorrect or incomplete delivery address resulting in the delay or non-delivery of your parcel (missing or inaccurate information entered by the customer), or for the customer's absence when the carrier tried to deliver it. No compensation will be given in these cases. For deliveries to the areas in the far north, the time frame for delivery will be longer than that indicated on our website.
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 products forming part of the same order are packed into several parcels, these will be dispatched at the same time but may be delivered separately, depending upon how they are handled by the carrier. You will be informed of your order shipment date by e-mail. This e-mail contains a link to our carrier's website to enable you to follow the status of your delivery online.
If you are absent upon delivery of your parcel, the deliverer will leave an attempted delivery notice with the carrier's contact details in your letterbox. If three attempts to deliver the parcel are made while nobody is there to accept it, you then have five days to contact our carrier to re-schedule the delivery. After these five days have elapsed, your order will be sent back to Mars Chocolat France and our Customer Relations Department will inform you of this. Depending on your request, we will re-send the order. If the second return is not successful, there will be no follow-up of your delivery and no reimbursement will be made. We would like to remind you that, in order to maintain the quality of our products, your order cannot be left in your letterbox.
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. Please inspect your Products carefully on receipt. If you are unhappy with your Products for any reason (e.g. with the condition of the Products or the Products do not match your order), please notify us as soon as possible, and in any event within 3 days of becoming aware of any problem with your Products.
We invite you to notify the carrier and our Customer Relations Department of any concerns about the products delivered within a maximum of 3 working days following the date of receipt of the products.
7.4 Delivery costs
You are liable for delivery costs, which are calculated in accordance with the total value of the order and the time at which the order is placed pursuant to the pricing scales that can be consulted on our "prices and advantages" page. Mars Chocolat reserves the right to apply its "summer" pricing scale in the event of an unforeseen rise in temperatures leading to a packaging surcharge. In this case, you will be informed when you place your order. Please note that all delivery costs are calculated and quoted when ordering.
For further information about our transportation costs, click here
7.5 Modifications of your order delivery information
If the status of your order is "shipped", we will not be in a position to change the information relating to the delivery or invoicing of your order. If your order has not yet been dispatched, you can contact our Customer Relations Department and your requested amendments will be taken into account.
8. Returns and exchanges
In the event that your Products are lost in transit, visibly damaged on receipt or not in accordance with your order specifications, we will replace the Products or reimburse all or part of the cost of your order, as appropriate.
In this case, you are invited to contact our Customer Relations Department within 3 working days after receipt of your order. Our products must be kept at between 18 and 22°C in order to guarantee their quality. Our Customer Relations Department is responsible for handling your complaints in relation to:
- Non-conformities (wrong colour, content or packaging) and damaged products / packaging: we undertake either to reimburse you or to re-manufacture your order after receipt of photos proving the non-conformity of your order. For damaged products / packaging, our Customer Relations Department will offer you either partial or full compensation depending on the extent of the damage.
- Quality issues (printing of content and colour of the sweets): we will only offer to reimburse you or to re-manufacture your order if your complaint is justified. Following the receipt of photos proving your quality issue, our Customer Relations Department reserves the right to estimate the quality of your order and may undertake to re-manufacture your order or to provide partial or full reimbursement. The Customer Relations Department will also ask you to send back your initial order. You will receive an e-mail with a returns note to be attached to your parcel. We will pay the return costs. Any spontaneous returns that have not been validated by our Customer Relations Department will not be accepted
By ordering Products through the Site, you confirm and agree that:
a) You have the legal capacity to contract by being either (i) aged 18 years or over or (ii) aged 16 years or over and have parental authorization allowing you to purchase Products through the Site.
b) You are ordering the Products for your (or the recipient's) personal use. You (or the recipient) will not market, resell or distribute the Products in any manner whatsoever to any person for any purpose (including but not limited to commercial purposes) other than personal use;
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 13 below;
e) The My M&M's® brand may not be associated with any political party or election candidate. You will not submit for printing on the Products any content with a political connotation and/or that may be linked with an election 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 or the presence of computer viruses.
11. Legal guarantee
Under the following Articles of the French Consumer Code and the French Civil Code, you have the following rights in relation to the conformity of and defects in the Products:
Article L.211-4 of the Consumer Code: the seller must deliver goods in compliance with the contract and is liable for defects in conformity existing on delivery. The seller is also responsible for conformity defects resulting from packaging or instructions where the contracts stipulate that the seller is responsible for this or where performed under the seller's responsibility. Article L.211-5 of the Consumer Code: To be in compliance with the contract, the item must:
1) Be appropriate to the use normally expected from a similar item and, if applicable, correspond to the description provided by the seller and possess the qualities that the seller has represented to the buyer; feature the qualities that a buyer can legitimately expect considering the public information made available by the seller, by the manufacturer or by their representative, including in advertising and labelling; or
2) Feature the characteristics as defined jointly by the parties or be appropriate to any special use that the buyer has explained to the seller and the seller has accepted. Article L.211-12 of the Consumer Code: No action resulting from a defect in conformity may be brought after two years from the date of delivery of the item.
Article 1641 of the Civil Code: the seller must guarantee against latent defects in the sold item that render it unsuitable for its intended use, or which so diminish this use that the buyer would not have bought it or would have paid a lower price had he known about them. Article 1648 of the Civil Code: Action resulting from latent defects must be brought by the buyer within the two years following the date of discovery of the defect.
12. Intellectual property
12.1 Your content
You authorise us to use the personalised content that you wish to print on the Products, on the pages of http://www.mymms.fr/index.aspx, 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 the use of this personalised content under the conditions of Articles 9 herein.
12.2 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/index.aspx , 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/index.aspx to any other Internet site, and using the technique known as "framing" or "deep linking" is strictly prohibited.
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.
We require certain 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. Your personal information will be exclusively handled by Mars Inc. and can be transmitted to our carrier for the delivery of your order. 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.
15. Applicable Law
The parties agree that these Conditions are governed by French law. To download our General Terms and Conditions of Sale: click here