Happy reading!

Summary :

• Article 1 - Overview
• Article 2 - Products
• Article 3 - Price
• Article 4 - Method of placing orders and description of the purchasing process
• Article 5 - Delivery
• Article 6 - Payment terms
• Article 7 - After-sales service, disputes and mediation
• Article 8 - Right of withdrawal
• Article 9 - Legal guarantees and seller's liability regarding delivery
• Article 10 - Consumer's right to register on the telephone canvassing opt-out list
• Article 11 - CandyMix Newsletter
• Article 12 - Information relating to cookies
• Article 13 - Consumption and health
• Article 14 - Contact details
• Article 15 - Monthly Boxes
• Article 16: On-site collection

1. Overview

These general conditions apply to relations between:

• The company LR Web Business, (also called CandyMix or Candy Mix) and,
• any natural person acting as a consumer within the meaning of the law and case law, wishing to make a purchase via the CandyMix website (https://candymix.fr)

This website is operated by CandyMix . Throughout the site, the terms "we", "us" and "our" refer to CandyMix team. CandyMix offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The purchase of a product on the CandyMix website implies unreserved acceptance by the consumer of these general conditions of sale.

CandyMix reserves the right to modify its general terms and conditions of sale at any time. In this case, the applicable general terms and conditions of sale will be those in force on the date of the order of a product on the Candymix website by the consumer.

2. Products

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

2.1 Description

CandyMix brings in compliance with the best standards of the market and the greatest accuracy in the presentation and description of the products on the CandyMix website, within the limits however of the technology and computer equipment used. It is thus possible that non-substantial errors may appear on the CandyMix website, which the consumer recognizes and accepts.

It is also possible, in view of the digital presentation method of the products on the CandyMix website, that the consumer's perception of a product's photograph does not exactly correspond to the product itself. CandyMix will not be liable for such non-substantial errors in the photographic representation of a product on the website or in perception. In any event, in the event of non-conformity of a delivered product with its description on the CandyMix website, the consumer may: either exercise his right of withdrawal, or implement the legal guarantee of conformity under the conditions defined in Article 9

3. Price

The prices of the products listed on the site are inclusive of all charges (TTC) in euros, excluding delivery costs.

The prices of our products may be modified without notice and at any time. However, the price appearing on the CandyMix website at the time of validation of the order will be the only one applicable to the consumer.

The price indicated in the order confirmation is expressed inclusive of all taxes and includes delivery costs and administration fees.

The consumer is responsible for any taxes such as customs duties or local VAT that may be charged to him by the local authorities in the country of delivery.

The minimum order amount, excluding delivery costs, is €10.

4. Method of placing orders and description of the purchasing process

In order to place an order, users will be able to select one or more items and add them to their basket. When their order is complete, for an amount greater than €10, they will be able to access their basket by clicking on the button provided for this purpose. By consulting their basket, members will be able to check the number of products and the nature of the items they have chosen. Thus, they will be able to check their unit price as well as the overall price of the order. They will also have the option to remove one or more items from their order.

If the order suits them and they wish to validate it, Internet users can click on the “Place order” button, they will then access a form in which they can:

• enter their delivery details,
• select the delivery method and the relay point if applicable,
• They can then click “Continue to Shipping” or return to the cart
• They will have the opportunity to show their support for the CandyMix team by adding a tip to their order.
• they will be invited to make their payment by being redirected to the secure payment interface.
• then will have to provide the billing address
• Once the user has clicked on the “Pay Now” button, he will no longer be able to make any changes to his order and he agrees to make his payment.

Once the order has been validated, CandyMix will confirm to the customer by email that their order has been registered. CandyMix undertakes to send the order summary, to confirm the processing of the order, also including all the information relating to the order, the products ordered, their delivery, as well as the terms of exercising their right of withdrawal.

For this purpose, the customer formally accepts the use of e-mail for the summary by CandyMix of the contents of his order. By keeping this e-mail and/or printing it, the customer has proof of the order that CandyMix recommends that he keep.
The customer is invited to report to CandyMix any errors and/or omissions contained in this summary.

The delivery costs will, in any event, be indicated to the customer before any payment.

The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.

Product availability is indicated on the site, in the description sheet for each item.

5. Delivery

For all orders, delivery is made to the address indicated on the order form. The information transmitted to CandyMix when the order is placed by the consumer is their responsibility. This information can no longer be modified after the order has been validated. In the event of an error in the wording of the identity and/or contact details of the recipient, CandyMix cannot be held responsible for the impossibility of delivering the products ordered. The shipping costs therefore remain the responsibility of the buyer and will not be reimbursed to the buyer.

Several notifications are sent by carriers to customers (email, SMS), the customer must check his contact information before ordering to be able to follow its progress.

The usual processing time for your order is less than 7 working days and starts upon receipt of your payment. This period may be extended in the event of a large number of orders.

Due to a large number of orders , the current processing time is 7 to 10 days, we are doing our best to process orders as quickly as possible and return to our usual processing time, thank you for your understanding.

If Shopify indicates that the order is fraudulent, we reserve the right to place the processing of this order on hold while we verify the identity of the customer.

Please note that it is essential to carefully check the goods upon receipt and take photos if necessary for any subsequent claims.

When the packaging of the package sent is damaged, torn, damaged:
- Mondial Relay : At a relay point: you must inform the relay merchant that the Customer refuses the package.
- Colissimo : For home delivery: you must refuse directly to the carrier when it arrives at your home.
If the package is dropped off at a Post Office or Relay Point, the customer can also notify them of their refusal to accept it.
The package must be refused so that the carriers can assess the package and the package can be returned and sent back to CandyMix.

When a Customer adds the product "Express Shipping in less than 24 hours" to their cart, CandyMix must prepare the order in less than 24 working hours (excluding weekends and public holidays). This period only concerns the processing of the order and therefore does not affect the delivery times of the carrier ( 5.1 ). In addition, if the Customer cancels their sales contract by using their right of withdrawal within 14 days while the order placed contains the product "Express Shipping in less than 24 hours". The refund for the product "Express Shipping in less than 24 hours" will not be refunded. Likewise when the Customer refuses the package when the order is handed over to the Customer.

5.1 Delivery times

We have opted for two delivery solutions: one by Colissimo from the La Poste group, the other by Mondial Relay.

• Delivery time to France: 3-5 working days with Mondial Relay, 2-3 working days with Colissimo
• Delivery time to Europe: 3-5 working days with Mondial Relay
• Delivery time to DOM 1: 6 working days with Colissimo
• Delivery time to Canada: 6 working days with Colissimo

Delivery times are indicative.

If, in fact, the delivery time exceeds what seems acceptable to the consumer and in any case the legal period of 30 days, the sales contract may be terminated: the goods will be returned to the warehouse at CandyMix's expense and the consumer will be reimbursed for the amounts paid upon validation of the order.

When you collect the package at the counter or when the package is delivered to your home, the consumer must check the contents, in order to make any reservations if it does not comply with their order or is damaged.

Tracking information is sent by email and several text messages are sent from Mondial Relay to indicate the availability of the package at the collection point.

If the customer does not collect their package within 14 days, it will be returned to CandyMix and the delivery costs will not be refunded.

In case of receiving a wrong package/product, CandyMix will send the customer a return label so that they can return the wrong items. The items must be returned in good condition.

When the package is sent by Mondial Relay, the customer can, after ten days without news and no update on its tracking, ask to put his package on damage hold so that the customer is reimbursed for the entirety of his order and the package is returned to CandyMix.

If the package is indicated as delivered by the carrier but the customer indicates not having received it, an investigation will be opened with the carrier. A sworn statement will be requested so that CandyMix can proceed with a refund of the order by credit.

6. Payment terms

Payment is made by credit card (CB, Visa, Mastercard or Amex): it will be made online via the secure Stripe system or via the Paypal platform.

The order will only be validated after confirmation of the transaction by the Customer's bank and by our payment service provider (Stripe or Paypal)

CandyMix reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid or who has partially paid a previous order or with whom a payment dispute is currently being administered.

The consumer is advised that CandyMix cannot be held responsible for any wrongdoing or fraudulent use of any means of payment that has not been detected.

6.1 Payment by Stripe

With simple, automated, cross-border payments, Stripe is the preferred partner for ambitious businesses around the world.

3D Secure Protocol

When you pay online via Stripe, your payments will be directed or not to 3D-Secure depending on their risk score calculated by Stripe . If the risk score is high, 3D-Secure will be activated, and if the risk score is low, 3D-Secure will be deactivated. You will therefore have to enter the 3D Secure code sent by your bank by SMS due to the new regulations on credit card payments on the internet.

This additional security guarantee is an automatic identity check when paying on a payment platform such as Stripe , allowing your bank to ensure that you are the originator of the transaction before confirming the payment. Additional security, preventing any fraudulent use of your credit card, to make your purchases ever more securely.

6.2 Payment by Paypal in full

A fast and secure way, PayPal Integral helps protect your credit card information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is never shared with us.

The advantage of the Paypal Integral solution is that you can pay with or without a Paypal account by directly registering your bank details. Obviously, using this payment method is without any additional costs.

7. After-sales service, disputes and mediation

In the event of a dispute between the professional and the consumer, they will endeavour to find an amicable solution via the email address: candymixfrance@gmail.com or by telephone on 0768865906

In accordance with Article L. 612-1 of the Consumer Code, within one year of his written complaint and subject to Article L.152-2 of the Consumer Code and in the absence of an amicable agreement, the consumer has the possibility of making an amicable request free of charge by way of mediation, to:

The European Commission provides an online dispute resolution platform which you can access here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

Mediation concerns: disputes between the professional and the consumer concerning the execution of a sales contract or the provision of a service.

7.1 Mediation

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.

This establishment has designated, by membership registered under number 11113/OC/2112, SAS Médiation Solution as a consumer mediation entity.

To contact the mediator, the consumer must formulate his request:
- Either in writing to:
Sas Mediation Solution
222 sheepfold path
01800 Saint Jean de Niost
Tel. 04 82 53 93 06

- Either by email to: contact@sasmediationsolution-conso.fr

- Either by completing the online form entitled “Contact the mediator” on the website https://www.sasmediationsolution-conso.fr

Whatever the means of referral used, the request must imperatively contain:

• The applicant's postal, telephone and electronic contact details,
• The name and address and registration number with Sas Médiation Solution of the professional concerned,
• A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,
• Copy of the prior complaint,
• All documents enabling the processing of the request (purchase order, invoice, proof of payment, etc.)

8. Right of withdrawal

The right of withdrawal allows the consumer to cancel the distance selling contract concluded within 14 ( fourteen) days from the date of receipt of the order.

Return costs are the responsibility of the buyer. The Buyer must carefully package the Product that he returns to the Seller so that it is not damaged during transport. Only Products returned complete and in their original condition will be accepted and refunded. The products must be returned to the seller within 14 days following the sending of the withdrawal form.

Whatever the reason for withdrawal, the consumer shall express his/her wish to withdraw by any unambiguous statement expressing his/her wish to withdraw by means of a withdrawal form . CandyMix must take this statement into account and may not impose a binding procedure on the consumer to exercise his/her right of withdrawal.

Simply returning the goods without a declaration or refusing to take delivery is not sufficient to express your wish to withdraw. You will therefore not be able to claim a refund;

However, this right of withdrawal and cancellation does not take effect when it concerns:

- quickly perishable goods (Anti-Waste).

- goods made to your request / personalized (Pick'N'Mix, bag of sweets)

In addition, dirty, damaged or incomplete products are not taken back. The customer may operate the product in order to establish the nature, characteristics and proper functioning of the product. However, the customer may be held liable in the event of depreciation of the product not resulting from normal use of the product.

• Model withdrawal form:

• Non-conformity:

In the rare event that you receive damaged or defective products, you may cancel the order and be reimbursed within twenty-four months of the products ordered (or, in the case of an order involving multiple packages, from receipt of the last package corresponding to that order), following receipt by you, or by the person you have designated with the delivery service provider.

• Refund :

We will reimburse you using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and to the extent that the reimbursement does not give rise to any costs for the consumer. We are obliged to reimburse the consumer for the full amount paid, and not to make an exchange, including delivery costs, without undue delay and at the latest fourteen days from the date on which we were informed of the consumer's decision to withdraw.

• Consumer responsibility

The consumer's liability can only be incurred in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.

9. Legal guarantees and seller's liability regarding delivery

9.1 Legal guarantee of conformity:

All products sold by CandyMix are subject to the legal guarantees defined by articles L.217-4 to L.217-14 of the Consumer Code:

Article L.217-4: “The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.”

Article L.217–5: “The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.217–12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article L.217–8: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. […]”

The legal guarantee of conformity covers defects in conformity: of the goods, of the packaging, of the assembly instructions, of the installation when this has been carried out by you or carried out under your responsibility.

The legal guarantee of conformity applies under the following conditions:

• if the defect existed on the date of acquisition
• if the seller is a professional

When the consumer at CandyMix acts under the legal guarantee of conformity, the consumer:

• has a period of two years from delivery of the goods to take action
• may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code,
• is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

When there is a lack of conformity, CandyMix offers the customer a refund of the product by credit or on their means of payment. The choice is up to them, except when it generates disproportionate costs for CandyMix.

The customer may obtain the termination of the contract or its reduction (reduction in the price of the goods) if the defect is major and the time limit for the chosen solution exceeds one month from the request; or if no means is feasible.

No charge will be made for replacement, repair or cancellation of the contract.

9.2 Guarantee of hidden defects:

The legal guarantee against hidden defects is defined by articles 1641 to 1648 and 2232 of the Civil Code.

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them (Article 1641 of the Civil Code).

The professional is not liable for apparent defects of which the buyer was able to convince himself, but for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

The defect must predate the sale and render the products unfit for the use for which they are intended.

The buyer has the choice between returning the item and having the price refunded and keeping the item and having part of the price refunded.

The time limit for taking action is 2 years from the discovery of the defect.

10. Consumer's right to register on the telephone canvassing opt-out list

According to Article L 223-2 of the Consumer Code, when a professional is required to collect telephone data from a consumer, he informs him of his right to register on the list of opposition to telephone canvassing. When this collection of information is done on the occasion of the conclusion of a contract, the contract mentions, in a clear and comprehensible manner, the existence of this right for the consumer.

11. CandyMix Newsletter

By checking the box provided for this purpose or by expressly giving their consent to this end, members accept that the sender may send them, at a frequency and in a form that it will determine, a newsletter (information letter) which contains information relating to its activity.

The user who checks the box provided for this purpose, agrees to receive commercial offers from CandyMix for products and services similar to those ordered. Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.

12. Information on cookies

In order to allow all Internet users to navigate this site optimally and to improve the functioning of the various interfaces and applications, the publisher may install a cookie on the user's computer. This cookie is used to store information relating to navigation on the site (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the Internet user's computer for a variable period of up to one year, and may be read and used by the publisher during a subsequent visit by the Internet user to this site.

The user has the option to block, modify the storage period, or delete this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, browsing on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him from using certain services or functionalities provided by the publisher, this malfunction cannot in any case constitute damage for the member who will not be able to claim any compensation for this reason.

Internet users also have the option of deleting cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action has no impact on their navigation on this site, but causes users to lose all the benefit provided by the cookie. In this case, they will have to re-enter all the information concerning them.*

13. Consumption and health

CandyMix sells food and beverage products that may be fatty, salty and/or sweet. Excessive consumption of this type of food can have an impact on health. For more information, the consumer can visit the website: https://www.mangerbouger.fr/

13.1 Nutritional declaration and ingredients

Find the list of ingredients, allergens of the loose candies used for Pick'n'Mix and Boxes, as well as their nutritional value on the Ingredient and Allergens page.

If it is a single product, you will find all the nutritional information directly on their product sheet.

14. Contact details

Questions regarding the Terms of Service should be sent to us at candymixfrance@gmail.com.

15. Monthly Boxes

The subscription to the CandyMix monthly box involves receiving a box containing a drink, a candy mix, a sweet snack and a salty snack each month.

CandyMix offers three subscription options for the box delivery service:

- Monthly subscription of indefinite duration;

- Fixed-term subscription;

- Subscription via a gift card

• Monthly subscription of indefinite duration , with payment each month

Subscribing to the monthly subscription subscribes the subscribing Customer to the monthly sending service of a Box until the Customer decides to terminate this contract. For the acceptance of this offer, the Customer accepts a monthly debit of an amount defined during the initial order. Thus, as long as the subscription continues, the Customer will be debited the amount defined automatically at the beginning of each month.

The Customer may terminate his monthly subscription at any time in accordance with the terms provided.

• Fixed-term subscription;

The annual subscription that allows you to subscribe yourself or a third party for a period of one year. Payment for this subscription will be taken every month over a period of twelve months, upon subscription. The commitment is firm for the period. The Customer retains the possibility of exercising his right of withdrawal under the conditions provided for in the article "Right and period of withdrawal".

The customer will receive, at the earliest 1 (one) month before the expiry of their current annual subscription, an email from CandyMix reminding them of the expiry date of their annual subscription, the Customer's right not to accept the tacit renewal, the deadline for doing so and the terms to follow.

In other words, unless the Customer expressly objects to tacit renewal, the Customer will commit to a period of 1 (one) month, renewable by tacit renewal for an indefinite period and may terminate the subscription under the conditions provided for this purpose.

• Purchasing a subscription via a gift card

The Customer may decide to subscribe to a fixed-term Subscription using a gift card in order to offer it to the person of their choice.

He/she enters the information relating to the beneficiary of the card (email address, first name, last name in particular) before validating his/her Order. The Customer who purchases a gift card acknowledges that he/she will have to pay for his/her Order in one go.

It is up to the beneficiary of the gift card to activate it by logging onto the Site and creating a Personal Account, under the terms and conditions provided herein.

• Unsubscribe / Cancellation

Only Customers with a monthly subscription of indefinite duration or a mandatory fixed duration whose defined mandatory period has ended may unsubscribe. The Customer may terminate their Monthly Subscription at any time in their "My Account" area or contact customer service.

If the cancellation request occurs after the direct debit, the order is deemed to have been concluded for the month concerned by the direct debit, the Customer may not demand the cancellation of this order by arguing his cancellation request. The unsubscription is taken into account for the Box following that concerned by the direct debit.

In the event of cancellation, a Customer benefiting from a Subscription at a lower price due to their seniority will lose this privilege and will have to pay the new rate in force if they wish to resubscribe.

• Conditions for one-off retail sale of special boxes

The boxes are offered within the limit of available stocks. In the event of unavailability of one of the products in the box, the Customer will be informed as soon as possible by a mention on the CandyMix website.

• Delivery and box sending service

Monthly boxes will be delivered to Customers between the 1st and 20th day of the month to the address provided in the form completed by the Customer when placing the Customer's order. In the event of a change of address or Relay Point, it is the Customer's responsibility to notify this at least 15 (fifteen) days before the start of the month concerned by changing their contact details in the customer portal information form. In the event that the package is returned to CandyMix, the Customer will be contacted and the amount of the box will be refunded to the Customer.

The choice of delivery method is currently not available, the delivery method is therefore chosen according to the location of the Customer. By default, the delivery method is Mondial Relay, but when it is not possible then it is done through Colissimo. However, the Customer can notify his wish to be delivered to his home. In this case, CandyMix will offer the buyer to pay the shipping costs necessary to benefit from home delivery. If the change is notified before the 20th, it will be taken into account from the following month. Beyond this date, it will only take effect the following month. The amount taken monthly will thus be automatically recalculated according to the selected delivery method, and its rate.

- Subscriptions close on the 20th of each month. (for example, for a subscription between January 1st and 19th, the box is received between February 1st and 10th, for subscriptions between January 20th and 31st, the box is received between March 1st and 10th)

16. Pick-up on site

CandyMix provides the consumer with the possibility of collecting their order on site, at its premises at 7 rue de la Grange Laidet, 79000 Niort.

When the customer's order is ready, the consumer receives an email to indicate that he can come and collect his package at the date and time of his choice.

Packages are kept for 1 month from the sending of this email.

After this period, and to avoid any food waste due to the use-by dates on foodstuffs, no refund will be made.