These terms and conditions of sale have been agreed by Terres de Café and www.terresdecafe.com, limited company (SARL) with share capital of €134,000, with registered office at 14 Rue Rambuteau, Paris, listed on the Paris Trades and Companies Register under number RCS Paris B 509 786 (hereinafter referred to as "Terres de Café") in the first part, and any individual or legal entity intending to make a purchase on the Terres de Café website (hereinafter "the customer") in the second part.
Purpose
These terms and conditions of sale define the contractual relationship between Terres de Café and the customer and the conditions applicable to all purchases made on the Terres de Café retail website, by business and personal customers. By purchasing a good or service on this website, the customer unreservedly agrees to these terms and conditions of sale. These terms and conditions of sale shall take precedence over all other general or specific terms and conditions not expressly approved by Terres de Café. Terres de Café reserves the right to amend its terms and conditions of sale at any time. In such cases, the applicable conditions shall be those in effect on the date of an order by the customer.
Nature of goods and services for sale
Goods and services are those included in the online catalogue featured on the Terres de Café website. The sale of goods and services is subject to available stock. All products are accompanied by a description from the manufacturer. Photographs featured in the catalogue are as accurate as possible, but cannot be guaranteed to be a perfect likeness to the product available for sale.
Pricing
Prices featured in the catalogue are in euro and inclusive of taxes. The applicable level of VAT shall be that in force on the date of the order. Any change to the rate may be passed on to the price of products or services. Terres de Café reserves the right to amend its prices at any time. However, the price featured in the catalogue on the date of order shall be solely applicable to the customer. Geographic coverage The sale of consumable products featured on the website is available to customers residing inside and outside France. The sale of machines is restricted to customers residing in metropolitan France.
Orders
By confirming an order, the customer agrees to, and acknowledges that they are fully aware of, these terms and conditions of sale, and waives their own terms and conditions of purchase and/or other conditions. All information provided and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of transactions made. The seller shall send a confirmation email after an order has been placed.
Withdrawal
Individual non-business customers have a withdrawal period of fourteen days from delivery of their order in which to return their product to the seller for an exchange or refund without penalty, with the exception of return costs. The withdrawal period does not apply to coffee and other consumable products, in accordance with Article L.121-21-8 of the French Consumer Code, which states: "The right of withdrawal may not be exercised for contracts: [...] 4. For the supply of goods likely to deteriorate or perish rapidly; 5. For the supply of goods whose seal has been broken by the consumer after delivery and which cannot be returned for reasons of hygiene or protection of health";
Payment methods
The purchase price is payable at the time of order. The following cards are accepted for payment on the website: Carte Bleue, Visa, MasterCard. The customer may also pay for orders on the website from his/her PayPal account. Terres de Café does not retain customers' credit card details. The customer's account shall only be debited at the time of order. The customer may request a paper invoice indicating the amount of VAT paid.
Deliveries
Deliveries shall be made to the address stated on the order form, which must be within the agreed geographic area. The buyer shall be liable for all risk once the products have left the premises of Terres de Café. In the event of damage during carriage, a claim with accompanying reasons must be submitted to the carrier no more than three days after delivery. Delivery times given are indicative only; should these exceed thirty days from the date of order, the sale contract may be cancelled and the customer refunded.
Guarantee
All products supplied by the seller are covered by the statutory guarantee under Articles 1641 et seq of the French Civil Code. Where a product is non-compliant, it may be returned to the seller, who will take back, exchange or issue a refund for the product. All claims and exchange and refund requests must be sent by email to info@terresdecafe.com; or by post to Terres de Café, 24 Impasse Marguerite, 95870 Bezons, France, no more than thirty days after delivery.
Liability
Within the online sale process, the seller is bound only by a best-efforts obligation; the seller accepts no responsibility for damage resulting from use of the internet such as data loss, hacking, virus, interruptions to service, or other issues beyond its control. Intellectual property All contents of the Terres de Café website are and shall remain the exclusive intellectual property of Terres de Café. All reproduction, operation, dissemination or use for any reason whatsoever, including partial, of website content, including software, visual or audio content, are prohibited without the written consent of Terres de Café.
Personal data
In accordance with the French Data Protection Act of 6 January 1978, individual personal customer data may be subject to automated processing. By using the www.terresdecafe.com, you agree that the company may collect, record, store and use your data in accordance with the privacy policy. The automated processing of data, including the administration of email addresses of website users is subject to a statement to the CNIL (French Data Protection Authority) on 25 May 2019, listed under number 2195286.
Storage - Evidence
Terres de Café shall store order forms and invoices on a durable storage medium providing an accurate copy in accordance with Article 1348 of the French Civil Code. Terres de Café's computerised records shall be deemed by the parties as proof of communications, orders, payments and transactions between the parties.
Dispute resolution
These terms and conditions of sale are subject to French law. In the event of a dispute, the courts of Paris shall have jurisdiction, notwithstanding proceedings involving multiple defendants or the introduction of third parties.