Returns policy
Damaged package from Colissimo . If your package is delivered directly to your mailbox or by your letter carrier and is unfortunately damaged: It is imperative to go to your post office to ask for a damage report without opening it. If this is not requested on the day of your delivery, the postal service in France will refuse to send it to you and therefore our services will not be able to accept any request for compensation.
A damaged package from a private carrier. It is up to the recipient to take note of any problems immediately upon receipt of the goods, by mentioning on the delivery note of the carrier the defects or damages noted, such as crushed parcels, deformed, perforated ... This list is not exhaustive. The reserves mentioned and/or the possible damage to the goods, must be confirmed directly with the carrier, by registered letter with acknowledgement of receipt, within 48 hours after receipt, under penalty of foreclosure. Attention: the mention "subject to unpacking" is without value. The goods are considered as acquired by the buyer only after full payment of the invoice, the delivery not representing in any case a transfer of property: law n°80335 of May 12, 1980. Goods that do not conform to the order - in the case of product error - or that are defective must be the subject of a written complaint within 48 hours of receipt. Upon receipt of the claim, EMELBY GOURMET will issue a receipt with a file number. Goods not conforming to the order or defective must be returned to EMELBY GOURMET within eight clear days, unopened and in the original packaging. Upon receipt of the returned goods, and subject to a real error - an item whose packaging has changed cannot be considered as not conforming to the order - or their real defects, EMELBY GOURMET will proceed, according to the availability of its stocks, to the replacement of the defective items or to their reimbursement. The shipping costs will be paid by Emelby Gourmet, within the limit of the shipping costs of the initial package, upon presentation of a receipt mentioning the exact amount of the costs incurred. If the merchandise is not found to be defective or not in conformity with the order, the cost of returning the merchandise to Emelby Gourmet will be the sole responsibility of the customer. No package sent by a customer with postage due is accepted by Emelby Gourmet.
No claim will be accepted after 48 hours.
Returns due to "Does not live at the address indicated" Return policy: After receipt and acceptance of your package by our services, a credit note (total order, postage deducted) will be credited to your customer account within 48 hours of receipt of your package by EMELBY GOURMET.
Attention: For the third return of this type for the same customer, the goods will not be refunded.
Returns due to an "unclaimed" package. These are the packages that have not been claimed by customers at the post office within the time limit. (15 days).
Process : After receipt and acceptance of your package by our services, a credit note (total order, shipping costs deducted) will be credited to your customer account within 48 hours of receipt of your package. You can then place your order again. Colissimo Suivi is a very reliable service. However, it is possible, as in any shipment, that there may be a delay in delivery or that the package could get lost. In case of delay in delivery compared to the date that we have indicated in the mail shipment, we ask you to report this delay by calling us by phone or by sending us an email. We will then contact the Post Office to start an investigation. A Post investigation can last up to 21 days from the date of the start of the investigation. If during this period, the product is found, it will be immediately re-routed to your home (the majority of cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the package to be lost. It is only at this moment that we can send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed selling price on the site, we would apply the new selling price, either by refunding you by check for the difference, or by asking you for an additional check concerning this price difference. We decline any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products or strike.
Attention: At the 3rd return of this type for the same customer, it is not possible to return the goods.
Note: If there is a return, it must imperatively be made in Colissimo.
Right of withdrawal
According to the article L121-18 of the code of consumption, the customer has a period of 14 days from the date of receipt of the order.
The return costs remain the responsibility of the customer. Only orders returned within the deadline and whose products are in perfect condition and unopened can be refunded. Any returned order, containing opened or damaged products will not be subject to any return or refund.
The orders will have to be returned to the following address:
LES CONFITURES DE SOPHIE
29 PLACE SALENGRO
34230 SAINT PARGOIRE France
Any return made in accordance with the conditions of the present article will give place to a refund of the totality of the paid sums made deduction of the expenses of return (for a whole order) or to the refund of the price of the returned products, at the latest 30 days from receipt of the order with the products in perfect condition.
Items not benefiting from the right of withdrawal:
- Chocolates, because of their very short DLUO (deadline for optimal use- shelflife)
- Custom-made products (choice of colour and flavour).
Note : If there is a return, it must imperatively be done by Colissimo.
Applicable law of disputes
Claims or disputes will always be received with attentive benevolence, good faith being always presumed in the one who takes the trouble to expose these situations. In the event of a dispute, the customer shall first contact EMELBY GOURMET to obtain an amicable solution.
This contract is subject to French law. The original language of this contract is French. In case of dispute the court of MONTPELLIER is able to receive them.
EMELBY GOURMET shall not be held responsible for any damages of any kind, whether material or immaterial or physical, that may result from the improper use of the products sold. EMELBY GOURMET's liability shall in any event be limited to the amount of the order and shall not be held liable for any errors or omissions despite the precautions made in the presentation of the products. In all cases EMELBY GOURMET shall not be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt, its liability is systematically limited to the value of the product in question, value at the date of sale, and this without any possibility of recourse to the brand or the company producing the product, in other words, EMELBY GOURMET.
Jurisdiction
All our transactions are governed by French law. The Courts of MONTPELLIER (France-Hérault) are competent to receive any dispute or contestation that may arise from the transactions and the application of these general conditions.
However, according to the article R631-3 of the code of the consumption: The consumer can seize, either one of the territorially competent jurisdictions under the terms of the code of civil procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful fact.