General terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – scope of application
1.1 application of the GTC
These general terms and conditions of sale apply, as soon as you place an order with the seller SAS LA BRULERIE DE BELLEVILLE on its website www.cafesbelleville.com.
The contracts between the client and SAS la BRULERIE DE SAS LA BRULERIE DE BELLEVILLE and/or its successors and assigns are binding between the parties.
The customer acknowledges that, at the time of his order, he has read the general terms and conditions of sale by ticking the box "validate the General conditions of sale".
1.2 the GTC shall prevail over any other document
These terms and conditions of sale are available to you at any time on this website and prevail over any other version or other contradictory document.
The fact that one of the parties does not rely on the other party for a breach of any of the obligations referred to in these GTC cannot be construed for the future as a waiver of the obligation at issue.
1.3 free modification of the GTC
Depending on the enrichment of our offers and legislative reforms, these GTC can be changed. In this case, these changes become applicable as soon as they are posted online and cannot be applied to previously concluded transactions.
1.4 geographic area
The subscription CAFE service provided by SAS LA BRULERIE DE BELLEVILLE is limited to the Member countries of the European Union and Switzerland.
For the other products listed on the site www.cafesbelleville.com the delivery address must be located in the geographical area available on the site cafesbelleville.com.
ARTICLE 2 – orders
2.1 how to place an order?
The purchaser, who wishes to purchase a product or service, must:
-Select the product or products that they wish to purchase and configure them correctly;
– fill in the identification form on which it will indicate all the coordinates requested or give its customer ID if it has one;
– validate your order after verifying it;
– make the payment under the conditions laid down;
– confirm its order and its rules.
The confirmation of the order entails acceptance of these conditions of sale, the recognition of having perfect knowledge and the waiver to avail itself of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will be proof of the transaction. The confirmation will be the signature and acceptance of the transactions carried out.
2.2 checking the recorded information
The information that the purchaser registers during the order is binding on him: in the event of an error in entering the e-mail address concerned, or in the event of an error in the wording of his contact details, SAS LA BRULERIE DE BELLEVILLE cannot be held responsible for the failure to receive the order confirmation e-mail message and/or the resulting delivery difficulties.
2.3 order confirmation and billing
SAS LA BRULERIE DE BELLEVILLE will communicate by email confirming the registered order.
The data recorded by SAS LA BRULERIE DE BELLEVILLE constitute proof of the nature, content and date of the order.
SAS LA BRULERIE DE BELLEVILLE confirms the acceptance of its order to the customer at the e-mail address which it has communicated. The sale will be concluded only after the order is confirmed.
2.4 invoice issuance
An invoice detailing the content, the price of the order and the taxes will be sent by email to the customer at the same time as his order confirmation.
2.5 legitimate refusal to sell
SAS LA BRULERIE DE BELLEVILLE reserves the right to cancel any order of a customer who has not paid his subscription, or with which there would be a dispute relating to the payment of an earlier order that would not have been resolved.
ARTICLE 3-tariffs
3.1 rates applicable at time of purchase
Prices are expressed in euros, HT and TTC.
SAS LA BRULERIE DE BELLEVILLE reserves the right to modify its prices at any time, however, it being understood that the price listed on the day of the order will be the only one applicable to the purchaser.
Unless otherwise stated, the quoted prices do not include shipping and delivery charges. These fees are calculated according to the weight of the parcel, the carrier and the geographical location selected by the purchaser.
Only the rate in effect at the time of purchase is applicable. In other words, if the buyer subsequently finds an exceptional promotion on a product, he will not be able to benefit from it.
3.2 specific terms and conditions related to the subscription offer
SAS LA BRULERIE DE BELLEVILLE offers 4 types of offers:
A 3 month subscription France Metropolitan
When a customer contracts a 3-month offer, he receives 3 SAS LA BRULERIE DE BELLEVILLE boxes in total in the following months. Each box contains 2 sachets of 300g of coffee. The purchaser undertakes definitively and firmly for a period of 3 months. The payment is made at one time when subscribing to the subscription, at the then applicable rate.
A subscription 6 months metropolitan France
When a customer contracts a 6-month offer, he receives 6 SAS LA BRULERIE DE BELLEVILLE boxes in total in the following months. Each box contains 2 sachets of 300g of coffee. The purchaser undertakes definitively and firmly for a period of 6 months. The payment is made at one time when subscribing to the subscription, at the then applicable rate.
At the end of this 3 or 6 month period, the BELLEVILLE box will not be returned automatically. To receive it again, the customer will have to buy a new offer 3 or 6 months.
A 3 month EU and Swiss subscription
When a customer contracts a 3-month offer, he receives 3 SAS LA BRULERIE DE BELLEVILLE boxes in total in the following months. Each box contains 2 sachets of 300g of coffee. The purchaser undertakes definitively and firmly for a period of 3 months. The payment is made at one time when subscribing to the subscription, at the then applicable rate.
A 6 months EU and Switzerland subscription
When a customer contracts a 6-month offer, he receives 6 SAS LA BRULERIE DE BELLEVILLE boxes in total in the following months. Each box contains 2 sachets of 300g of coffee. The purchaser undertakes definitively and firmly for a period of 6 months. The payment is made at one time when subscribing to the subscription, at the then applicable rate.
At the end of this 3 or 6 month period, the BELLEVILLE box will not be returned automatically. To receive it again, the customer will have to buy a new offer 3 or 6 months.
ARTICLE 4-payment terms
4.1 means of payment
All orders are payable in euros.
Payment of purchases is effected by means of a bank payment card.
The Customer warrants to SAS LA BRULERIE DE BELLEVILLE that it is fully authorized to use the payment card for the payment of its order and that its means of payment give legal access to sufficient funds to cover all costs resulting from its order on the site www. cafesbelleville. com. payment by credit card is debited immediately to the order. Payments made by the purchaser shall be considered definitive only after full payment and the products may only be dispatched after the actual collection of sums owed by the seller.
4.2 payment on order
All articles and products on the website cafesbelleville.com including subscription offers 3 months and 6 months must be paid in full and at the time of ordering.
ARTICLE 5-delivery
5.1 delivery time
Deliveries are made to the address indicated in the order form which can only be in a geographical area available on the website www.cafesbelleville.com.
Delivery times will be communicated to the customer by email when his order has been processed.
Indicative delivery times:
-France and EU zone: 4 days to 20 days from the date of order
-Rest of the world: 7 days to 20 days from the order date
Delivery times are given for illustrative purposes only; If these exceed thirty days from the date of order, the contract of sale may be terminated and the buyer reimbursed.
5.2 delivery costs
Unless otherwise stated, the prices quoted do not include shipping and transportation costs. Delivery costs are calculated according to the weight of the parcel, the carrier and the geographical location selected by the purchaser. The price of the delivery will be specified to the purchaser before the confirmation of his order.
Except in particular cases or unavailability of one or more products, the products ordered will be delivered at one time.
In all cases, if the parcel is returned to the sender because it has misfilled its postal details, the second delivery will be at the customer's expense. In this case, if the parcel is returned to the sender again, it will no longer be returned to the customer and the amount corresponding to that order, including any additional delivery charges, shall remain vested at SAS LA BRULERIE DE BELLEVILLE.
5.3 terms and conditions of delivery specific to the subscription service
The subscription service provided by SAS LA BRULERIE DE BELLEVILLE is limited to the Member countries of the European Union and Switzerland.
SAS LA BRULERIE DE BELLEVILLE sends the BELLEVILLE box to customers each month at the delivery address indicated by it during the ordering process. This delivery address is final and will not be modified during the subscription period.
5.4 verification by buyer
Delivery is deemed to be made upon delivery of the products ordered by the seller to the purchaser. SAS LA BRULERIE DE BELLEVILLE asks its customers to check the status of the orders when they are received.
The risks are borne by the purchaser from the moment the products have left the premises of SAS LA BRULERIE DE BELLEVILLE. In case of damage during transport, the reasoned protest must be lodged with the carrier within three days of delivery.
5.5 unavailability of a controlled property
In accordance with article L. 121-20-3, in case of failure to execute the order resulting from the unavailability of the ordered property, the consumer will be informed of this unavailability and will be refunded without delay and at the latest within thirty days of payment of the sums he paid.
SAS LA BRULERIE DE BELLEVILLE will be able to supply a good of an equivalent quality and price with the agreement of the purchaser and in this case the costs of return will be borne by SAS LA BRULERIE DE BELLEVILLE.
ARTICLE 6 – right of withdrawal and return policy
6.1 right and withdrawal period
In accordance with the law in force the particular customer who buys a property from the website www.cafesbelleville.com has a withdrawal period of 14 days from the reception of the property in question.
Toute demande de rétractation doit se faire dans le délai légal prévu en envoyant un courrier électronique à [email protected]
6.2 proof of compliance with the withdrawal period
In case of a dispute with SAS LA BRULERIE DE BELLEVILLE it is up to the customer to prove who has complied with the legal withdrawal period. The customer must keep all traces, (sending e-mail, receipt of deposit to the post office), which can prove compliance with the withdrawal period.
6.3 return of product
SAS LA BRULERIE DE BELLEVILLE will be able to supply a good of an equivalent quality and price with the agreement of the purchaser and in this case the costs of return will be borne by SAS LA BRULERIE DE BELLEVILLE.
If no agreement is reached between the customer and SAS LA BRULERIE DE BELLEVILLE the costs of the return will be borne by the customer. The customer has a period of 14 free days from the date of withdrawal to return the property to SAS LA BRULERIE DE BELLEVILLE.
By exception to the provisions of article L 121-20 of the consumer code, the purchaser does not have a withdrawal period after receipt of coffee orders.
Indeed, in accordance with the law, this right cannot be exercised for edible goods for reasons of hygiene and safety. Thus, the coffees received cannot be returned.
ARTICLE 7-seller's liability
7.1 legal guarantees
The products provided by the seller benefit, in accordance with the legal provisions,
-the legal guarantee of conformity,
-the legal guarantee against latent defects resulting from a defect in material, design or workmanship affecting the products delivered and making them unfit for use.
A latent defect is a manufacturing defect that only emerged after the sale of the property.
7.2 putting into play legal guarantees
In order to assert your rights, you must inform the seller, in writing, of the existence of the defects or the lack of conformity within the framework of the legal period from their discovery. Seller will replace defective or non-conforming products.
7.3 special features of the BELLEVILLE subscriptions packages
It is of course between the parties that the Constitution SAS LA BRULERIE DE BELLEVILLE sets varies every month, and that the buyer discovers its composition at the time of its receipt. The purchaser therefore accepts the characteristics of the BELLEVILLE box and agrees to receive coffee bags which may not correspond to his tastes.
7.4 exclusion of warranty in the event of buyer's fault or force majeure
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the purchaser, as bad conditions of preservation of the coffee. Seller's warranty is limited to the replacement or reimbursement of non-conforming or defective products.
The seller shall not be considered liable or failing for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognised by French jurisprudence.
7.5 product compliance with photographic visuals
In addition, Visual differences may exist between the presentation photographs produced and the products received, due in particular to the technical hazards of the scanning process. However, these dissimilarities cannot be repaired since they are not such as to mislead the consumer on the nature and characteristic of the products.
7.6 navigation and security
In order to make the best use of our services, it is recommended that you regularly update your search browsers and be equipped with an anti-virus.
You are also advised to maintain the confidentiality of your personal information (password, username, credit card number), and to not disclose it to any third party. If necessary, SAS LA BRULERIE DE BELLEVILLE will not be liable if this information is used because of your own negligence.
7.7 disabling the customer account
If the client fails to comply with his contractual obligations, if he does not honour the payment of his order, or if he commits a serious wrongful act liable to prejudice SAS LA BRULERIE DE BELLEVILLE, the latter reserves the right to terminate her account.
In any event, it retains the possibility of taking legal action even after the account has been closed if the acts entitle it to act in reparation.
Finally, SAS LA BRULERIE DE BELLEVILLE reserves the right to refuse any order from a customer with whom there would be such a dispute, even if the latter uses a new account.
ARTICLE 8-information technology and freedoms
8.1 personal data reported to the CNIL
SAS LA BRULERIE DE BELLEVILLE records all transactions placed on its site, they allow to constitute proof of all your purchases. Pursuant to law 78-17 of 6 January 1978, it is recalled that the nominative data requested from the purchaser are necessary for the processing of its order and for the preparation of invoices.
The processing of the information communicated through the seller's website has been the subject of a declaration to the CNIL dating from the 14.02.14
8.2 communication
The exchanges between the customer and SAS LA BRULERIE DE BELLEVILLE are carried out mainly electronically, in order to be able to keep a written record, which is an evidentiary way of our exchanges.
8.3 verification, rectification and modification of personal data
The purchaser shall, in accordance with the applicable national and European regulations, have a right of permanent access, modification, rectification and opposition in respect of the information concerning him. For this purpose, please contact us at [email protected]. We wish to clarify that the personal information collected is only used by SAS LA BRULERIE DE BELLEVILLE, they are not marketed to third parties and are for no other purpose than to carry out our delivery service.
ARTICLE 9-intellectual property
The content of the site, including the graphic Charter, logo, photos, illustrations, diagrams, videos, coffee recipes produced by SAS LA BRULERIE DE BELLEVILLE are the property of the seller and its partners and are protected by the laws French and international intellectual property rights.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute a crime of counterfeiting.
Therefore, the client therefore prohibits any reproduction or exploitation of the editorial contents, photographs, product sheets, videos, of the site cafesbelleville.com.
ARTICLE 10-applicable law-language
These GTC are governed by and subject to French law. They are written in the French language. If they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 11 – customer service
Afin de prévenir d’éventuels litiges, SAS LA BRULERIE DE BELLEVILLE mettra en service un « service client », que vous pouvez contacter via le formulaire par mail à l’adresse suivante : [email protected]. Chaque demande des clients sera traitée dans les plus brefs délais et nous tenterons d’y apporter la réponse la plus adéquate.