Termini e condizioni
The M&M'S websites accessible at
(hereafter "the Sites"), 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 or third party brands that are not chocolate confectionery products and are not personalised (hereafter Non-Personalised Products) (hereafter together, "the Products"), are published and managed by:
Mars Wrigley Confectionery, 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
These general terms and conditions of sale (the "Conditions”) shall be applicable between Mars Wrigley Confectionery (“We”, “Us”) and any person placing an order via one of the Sites (“You”). The Sites are available to both natural persons (“the Consumers”) and companies (“the Professionals”).
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 20/10/2016. Such change shall not affect the rights already acquired by You under the Conditions applicable when You placed your order.
1. Customer Relations Team
Our Customer Relations Team can be reached at the following phone numbers and email addresses:
For phone calls, please check with your telecommunication operator about possible additional costs of communication
- France, Switzerland
- Great Britain
Consumers contacts 08081010061 or [email protected]
Professionals contacts 08081010104 or [email protected]
Consumers contacts 008000249670 (usual costs) or [email protected]
Professionals contacts 008000249670 (usual costs) or [email protected]
Consumers contacts 1800400160 (usual costs) or [email protected]
Professionals contacts 1800400165 (usual costs) or [email protected]
Consumers contacts 80254458 (usual costs) or [email protected]
Professionals contacts 80254459 (usual costs) or [email protected]
- Italy, Switzerland
- Germany, Austria, Switzerland, Luxembourg
Consumers contacts 08001800662 or
Professionals contacts 08001800981 or
Consumers contacts 900993340 or [email protected]
Professionals contacts 900993390 or [email protected]
- Belgium, Luxembourg
Consumers contacts 080076064 if You speak French,
080076065 if You speak Dutch (price of a local call from a landline in Belgium) or
Professionals contacts 080076152 if You speak French,
080077051 if You speak Dutch (price of a local call from a landline in Belgium) or
Consumers contacts 008003311562 or [email protected]
Professionals contacts 008003311563 or [email protected]
The Customer Relations Team is available to take your calls from Mondays to Fridays between 9am and 5pm but not on Saturdays and Sundays. You can also contact Us from the home page of one of the Sites by clicking on the "Contact" link.
2.1 Placing your order
2.1.1 Placing your order as a Consumer
If You are a Consumer, You may order the Products only from the Sites. 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 Sites, 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 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 “Remove”. You can change the desired quantity by modifying the written number and clicking on "Update" to know the price of your order including VAT. Non-Personalised Products could be suggested to You for inclusion to your shopping cart, separately or as part of a Personalised Products package. You will be then asked to click on “Continue” and complete the billing information that is requested. If You want to continue the purchase process, You must read the Conditions and tick the box "I accept the Terms and Conditions" then click on the "Continue" button and complete the shipping information, and in particular choose between “Standard delivery” and “Express delivery” to see the applicable shipping costs. To continue the purchase process, You must click on “Continue”, then choose your payment method and complete the required payment information to complete your order. To confirm and pay your order, click on “Payment”. You can interrupt the procedure at any time before You click on “Payment” by closing the concerned browser window.
2.1.2 Placing your order as a Professional
If You are a Professional, You may order the Products only from the Sites either directly or via our Customer Relations Team by phone. It is therefore not possible to place an order otherwise than via the Sites, by either e-mail, fax, letter or on any other website.
If You order directly on the Sites, You must follow the steps described in clause 2.1.1 above.
If You order by phone, You must call one of the numbers listed in clause 1 of the Conditions. We will follow the steps on the Sites according to your instructions. If You want to use the Faces service (printing images, logos or photos on the Products), You must, when You order by phone, send the image You want to use to our Customer Relations Team at the email address indicated in clause 1 of the Conditions for the country of the Customer Relations Team You have called. If You do not have the image at the time of your order, You need to make an appointment with our Customer Relations Team to finalize your order. 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.) and the information needed for the payment, which can only be made by bank transfer.
2.1.3 Photo Processing
You are allowed to upload a photo to personalize your product. Processing of these photos may be performed in India or the United States.
2.2. Your account
When placing your order, You may create a customer account on one of the Sites, 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 You have chosen and enter the requested information.
You may also order Products on the Sites without creating an account.
2.3. 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 Sites. The sale contract will be concluded in the language You choose when You log in one of the Sites (French, English, Spanish, Italian, German or Dutch).
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 8 of the Conditions and/or the technical requirements listed on the Sites. 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 8 and the technical requirements listed on the Sites. 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 8 and/or the technical requirements listed on the Sites 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 8 and the technical requirements listed on the Sites 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 8 of the Conditions and/or the technical requirements listed on the Sites, this may result in an extension of the delivery periods stipulated by clause 6.2 of the Conditions. The delivery period relevant to Your order will commence from when the terms of paragraphs c) to e) of clause 8 of the Conditions and/or the technical requirements listed on the Sites 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.). If the specific details of your order stated in this email do not match the terms and conditions of your order (wrong colour or text error, etc.), you should contact the Customer Relations Team via the contact details included in the preamble to the Conditions, which can also be found in the confirmation email, as soon as you receive this email. If we have not started filling your order, we will make the required changes before your order is completed. If we have started filling your order and we are found to be responsible for the error, we will refund your order.
2.4. 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.
2.5. Tracking your order
If You have created a customer account on one of the Sites, You can access such account at any time from the "My account" section on the home page of the Sites 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.
2.6. Changing your order
If you wish to change your order after confirming it on one of our Sites , you can contact our Customer Relations Team via the contact details included in the preamble to the Conditions. If we have not started filling your order, we may be able to change it based on your new instructions and send you a new confirmation email, in accordance with the terms of article 2.3 herein. If we have started filling your order, we will not be able to change it and will notify you as such. Important! Your request to change your order can relate to any information you supplied to us, in particular the delivery address, choice of colours and the personalised content, with the exception of the ordered quantities.
2.7. Right of cancellation
The provisions of this article only apply if You order on the Sites as a Consumer.
Personalised Products: in accordance with Article L. 221-28 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. 221-18 of the French Consumer Code or, if applicable, by similar provisions that apply in your country. As a consequence, once your order is paid, You cannot modify or cancel it.
We may from time to time offer for sale on the Sites 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.
Non-Personalised Products: in accordance with Article L. 221-18 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 Non-Personalised 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 Non-Personalised 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 - 1 rue Job - Bâtiment LAFAYETTE - 67100 Strasbourg - France;
- from one of the Sites home page by clicking on the link "Contact";
- by mail using the e-mail address indicated in clause 1 of the Conditions;
- by phone using the telephone number listed in clause 1 of the Conditions.
You may use the model cancellation form available here, and reproduced below, 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 Non-Personalised Products back or You have supplied evidence of having sent back the Non-Personalised Products, whichever is the earliest.
You shall send back the Non-Personalised 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 Wrigley Confectionery - Equipe My M&M’s - 3 chemin de la Sandlach - CS 10036 - 67 501 Haguenau Cedex, France - France. The deadline is met if You send back the Non-Personalised Products before the period of 14 days has expired.
You will have to bear the direct cost of returning the Non-Personalised Products.
You are only liable for any diminished value of the Non-Personalised Products resulting from handling other than as is necessary to establish the nature, characteristics and functioning of the Non-Personalised Products.
Model withdrawal form
Please complete and return this form only if You want to withdraw from the contract.
To Taktim Terre D’appel - Service Consommateurs My M&M'S - 1 rue Job - Bâtiment LAFAYETTE - 67100 Strasbourg - France (Please complete with the email address for your country listed in clause 1 of the Conditions)
I/We() hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (): Ordered on()/received on() : Name of consumer(s) : Address of consumer(s) : Signature of consumer(s) (only if this form is notified on paper): Date: (_)Delete as appropriate_
2.8. Use of promotional codes
When You use a promotional code in connection with an order on the Sites, You are subject to the Conditions.
In the circumstances referred to in clause 2.3 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 8 and the technical requirements listed on the Sites 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.
3.1. M&M'S used for Personalised Products are made with milk chocolate (70%) and sugar-coated.
3.2. When purchasing Personalised Products in the “Tube”, “Design Case”, “Bag” and “Design Bag”, You must purchase a minimum of 20 Personalised Products.
3.3. 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.
3.4. When You place your order on the Sites, 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.
3.5. You may only purchase Non-Personalised Products in the context of an order of Personalised Products, as Non-Personalised Products cannot be purchased separately from us. You may also order on the Sites 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.
3.6. 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/danish crown/euros and include all taxes but exclude shipping costs for https://www.mms.com/en-gb, https://www.mms.com/en-dk or https://www.mms.com/en-ie and in euros including all taxes, but excluding shipping costs for other Sites. For orders in Switzerland, we deduct the French VAT from the selling price indicated. If any, VAT of the destination country will be charged at the time of delivery of your order. In addition, customs duties and additional taxes may apply in your country.
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 Sites will be the highest price, and You must select a format in order to see the applicable price based on the volume of your order.
Our delivery costs are based on the amount of your order, the delivery method selected (standard or express, please refer to section 6.2), the delivery location, the outdoor temperatures (in case of heat, isothermal packaging entailing costs may have to be used to maintain optimal quality of the Personalised Products during transportation) and /or the weight and volume of the package. You will be informed of such costs at the time You complete your order. Please click here to know the applicable delivery costs.
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 where You placed your order
The Personalised Products that You have ordered will be produced only once full and effective payment for your order has been made.
5.1. Payment methods
Payment methods are available depending on the billing address that You indicated in your order on the Site. The payment methods are the following:
Billing address in France Consumers Credit card (Carte Bleue®, Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Carte Bleue®, Amex®, MasterCard® et VISA®) Bank transfer
Great Britain Consumers Credit card (Maestro®, Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Maestro®, Amex®, MasterCard® et VISA®) Bank transfer
Ireland Consumers Credit card (Maestro®, Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Maestro®, Amex®, MasterCard® et VISA®) Bank transfer
Danemark Consumers Credit card (Maestro®, Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Maestro®, Amex®, MasterCard® et VISA®) Bank transfer
Belgium Consumers Credit card (Carte Bleue®, Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Amex®, MasterCard® et VISA®) Bank transfer
Italy Consumers Credit card (Postepay®, Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Amex®, MasterCard® et VISA®) Bank transfer
Spain Consumers Credit card (Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Amex®, MasterCard® et VISA®)
Germany Consumers Credit card (Amex®, MasterCard® et VISA®) Giropay Paypal Professionals Credit card (Amex®, MasterCard® et VISA®) Bank transfer
Netherlands Consumers Credit card (Amex®, MasterCard® et VISA®) Ideal Paypal Professionals Credit card (Amex®, MasterCard® et VISA®) Ideal Bank transfer
Austria Consumers Credit card (Amex®, MasterCard® et VISA®) Giropay Paypal Professionals Credit card (Amex®, MasterCard® et VISA®) Bank transfer
Poland Consumers Credit card (MasterCard® et VISA®) Przelewy Professionals Credit card (MasterCard® et VISA®) Przelewy
Switzerland Consumers Credit card (Amex, MasterCard® et VISA®) Paypal Professionals Credit card (Carte Bleue®, Amex®, MasterCard® et VISA®) Bank transfer
Luxembourg Consumers Credit card (Carte Bleue®, Amex®, MasterCard® et VISA®) Paypal Professionals Credit card (Amex®, MasterCard® et VISA®) Bank transfer
For Professionals, payment by credit card is not accepted for phone orders.
5.2. Secure transactions
In order to protect your personal information and bank account details, all transactions completed on the Sites are secure and encrypted using the SSL system and are then processed by our financial partner. Your data do not pass via the Sites, and only the partner bank of our Sites and any third party involved in the payment process may have access to such information.
If You have created an account, your invoice will be available on the Sites 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.
6.1. Shipping address
If You order on the Site https://www.mms.com/en-gb/, the Products may be delivered in Great Britain (including Northern Ireland), excluding Jersey Island, Guernsey and Man.
If You order on another Site, whatever it is, the Products may be delivered:
- In France (excluding overseas territories but including Corsica),
- In Switzerland,
- In Germany,
- In Spain (excluding Canary Islands),
- In Italy (excluding San Marino),
- In Netherlands,
- In Danemark,
- In Ireland,
- In Belgium,
- In Austria,
- In Poland,
- In Luxembourg.
Some Non-Personalised Products may not be delivered to certain countries. This is indicated on the website when necessary.
If You order on the Site of a country, but want your order to be delivered in another country, the Products prices may be modified at the time of your order confirmation. You will be informed prior to the confirmation of your order.
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. You may modify the delivery or billing information for your order, provided that the status of your order is not “sent”, by calling one of the number listed in clause 1 of the Conditions, with the number of your order.
6.2. Delivery methods and periods
6.2.1. 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 9 working days;
Not withstanding the aforementioned, for Minibag, 10g bags, 20g metal tins and 40g bags with a customised card offered for sale to Professionals, standard delivery times are as follows:
- 10g bag
- Metal tin 20g
Standard Delivery Times: 25 days
Express delivery: with this delivery method, the period between the placing of your order and receipt of your package will be 2 working days, if:
- You place your order before 10.00 am;
- You wish to take delivery at a location accessible within 2 working days.
If such conditions are not satisfied, You will receive delivery within 3 working days.
It is specified that the express delivery option will not be available:
- on orders above £400 including VAT delivered in Great Britain, and on orders above €500 including VAT delivered in other countries.
- for Minibag, 10g bag, 20g metal tin and 40g bag products with customised card offered for sale to Professionals
The express delivery option may be disabled some days during summer time in order to ensure a high level quality of the Products.
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.
6.2.2. It is specified that in France, no deliveries will be made on Sundays and on public holidays; for other countries, no deliveries will be made on Saturdays or Sundays or on public holidays.
6.2.3. 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.
6.3. 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 where You placed your order.
Note that this undertaking shall not prevent the application of Article L. 216-1 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 obvious 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 Sites are not complied with:
- as a result of your non-compliance with the terms of clause 8 of the Conditions and/or the technical requirements listed on the Sites;
- 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.
6.4. 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.
6.5. 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. In the event of a shipping error, you are also invited to contact our Customer Relations Team and, where appropriate, inform the carrier of any problem or complaint, which must be communicated within three working days from the date you received your products.
7. Statutory warranties
7.1. Statutory warranties for Consumers
If You order on one of the Sites as a Consumer, You shall have the benefit of the legal warranty of conformity in accordance with Articles L. 217-4 and seq. of the French Consumer Code, and the warranty against "hidden defects" in accordance with Articles 1641 and seq. of the French Civil Code. According to these provisions, the Products delivered to You shall comply with the specification of your order and shall be free of any faults. Where more favourable provisions apply in your country, you can benefit from these.
In accordance with the French provisions, when You act as a legal warranty of conformity,
- You benefit from a period of two years from the delivery of the Product to take action;
- You can choose between the reparation or the replacement of the Product, subject to the conditions with respect of cost set out in article L. 217-9 of the French Consumer Code;
- The lacks of conformity which appear within a period of twenty four months from the delivery of the Product are presumed to exist at the time of delivery, unless proven otherwise.
Should a conformity defect appear, the consumer has a period of two years from the date the goods are delivered to claim under the statutory conformity guarantee. During this period, the consumer is required to demonstrate only the existence of a conformity defect, and not when it appeared.
If the sale of goods contract is for the continuous supply of digital content or a digital service for a period of more than two years, the statutory guarantee is applicable to this digital content or this digital service for the full planned duration of the supply. During this period, the consumer is required to demonstrate only the existence of a conformity defect affecting the digital content or digital service, and not when it became apparent.
The statutory conformity guarantee places an obligation on the professional to supply where applicable all updates required to maintain the conformity of the goods.
Under the statutory conformity guarantee, the consumer has the right to have the goods repaired or replaced within thirty days of their request, and without suffering any major inconvenience.
If the goods are repaired under the statutory conformity guarantee, a six-month extension is added to the consumer’s initial guarantee.
If the consumer requests the repair of the goods but the seller opts to replace them, the statutory conformity guarantee is renewed for two years from the date the goods are replaced.
The consumer is entitled to keep the goods and obtain a reduction in the purchase price, or to return the goods and obtain a full refund, if:
- the professional refuses to repair or replace the goods,
- the goods are not repaired or replaced within thirty days,
- the repair or replacement of the goods causes the customer major inconvenience, in particular if the consumer permanently bears the cost of returning the non-conforming goods or having them collected, or bears the installation cost for the repaired or replaced goods, or
- despite attempts to do so, the seller is unable to resolve the non-conformity.
The consumer also has the right to obtain a reduction in the purchase price or recission of the contract if the conformity defect is so serious that it justifies an immediate reduction in the price or immediate recission of the contract. In this case, the consumer is not required to begin by asking for the goods to be repaired or replaced.
The consumer does not have the right to have the sale rescinded if the conformity defect is minor.
The guarantee is suspended while the goods are unavailable because they are being repaired or replaced, and starts to run again once the repaired goods are received.
The rights set out above stem from articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller obstructing in bad faith the performance of the statutory conformity guarantee is liable for a fine under civil law of a maximum of €300,000, which can be increased to a maximum of 10% of their average annual sales (article L. 241-5 of the French Consumer Code).
Consumers also have, under articles 1641 to 1649 of the French Civil Code, a statutory guarantee against hidden defects. This applies for two years after the defect is discovered. This guarantee gives the consumer the right to keep the goods in return for a price reduction, or to return them for a full refund.
The legal warranty of conformity shall apply regardless of the commercial warranty potentially granted.
You can decide to implement the warranty against “hidden effects” as defined in article 1641 of the French Civil Code. In this case, You can choose between the cancellation of the sale or a reduction of the selling price (article 1644 of the French Civil Code).
In order to benefit from such warranties, or equivalent warranties applicable in your country, 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.
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.
7.2. Statutory warranties for Professionals
If You order on one of the Sites as a Professional, You shall have the benefit of the legal warranties applicable between professionals.
8. Your undertakings
By ordering the Products via the Sites, You declare and warrant to Us that:
- You have the legal capacity to contract or hold parental authorization to make a purchase on the Sites;
- You are ordering the Products for your personal use only. You undertake not to market, resell or distribute the Products in any manner whatsoever;
- 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;
- 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;
- 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.
9. 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 Sites;
- 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 Sites 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 Sites.
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, unless these inconveniences or damages are our fault.
10. Intellectual property
10.1 Personalised Content
You authorise Us to use the Personalised Content, that You wish to have printed on the Products, on the pages of the Sites, 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 8 of the Conditions.
10.2. Components of the Site
All the components of the Sites, 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 Sites 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 on one of the Sites 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.
12. Mediation, dispute resolution and governing law
The parties agree that the Conditions shall be governed by French law, unless provisions more favourable to you apply in your country.
If You order on the Site as a Consumer, it is recalled that in accordance with Article L.211-3 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 consumer mediation procedure as provided by article L. 611-1 and seq. of the French Consumer Code or, if applicable, with similar provisions that apply in your country. Our company is registered with the Fevad, la Fédération du e-commerce et de la vente à distance mediation servic. Any claim linked to the application of the Conditions or the use of the Sites may also be filed with our Client Relations Team.
The European Commission provides an online platform for dispute resolution that You can access here: http://ec.europa.eu/customers/odr/. If You want to draw our attention on an issue, please contact us at one of the email addresses indicated in clause 1 of the Conditions.