Terms of sale
Between the ESCOCAFÉ Company, 7 rue du Gros Caillou, 75007 Paris, with Share Capital of € 1,000, registered in the Paris Trade and Companies Register under number 842.868.317, SIRET 42.868.317 00012, represented by M Alfredo ESCOBAR MOLINA, as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the "Seller" or the "Company".
On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, "the Buyer" or "the Customer" On the other hand, He has been stated and agreed as follows:
The Seller is a publisher of specialty coffee products and services exclusively for consumers, marketed through its websites (http: // shop.escocafe.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Object and general provisions
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T & Cs can be viewed on the Company's website at the following address: 7 rue du Gros Caillou. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have taken cognizance of all these General Conditions of Sale, and where applicable of the
Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. . The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs required to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 2.1: Price - example of an illegal clause
The Company reserves the right to change the prices at any time of products purchased by subscriptions by the consumer.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to be able to place his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address ...);
➢ Acceptance of these General Conditions of Sale.
➢ Verification of the elements of the order and, if necessary, correction of errors .
➢ Follow-up of the instructions for payment, and payment of the products.
➢ Delivery of the products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
He can consult an example .pdf of these general conditions of sale.
For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Failing this, the Seller will inform the Customer.
This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions on compliance and hidden defects, the Seller refunds or exchanges defective products or products not corresponding to the order. The refund can be requested in the following way: once verified that the goods have not been consumed or the package opened, the price paid for the product (s) will be refunded for the same means of payment used for the customer within a period 15 days (maximum).
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the time taken to prepare the order. The products will be delivered once availability is confirmed, and not exceeding 4 days after having been ordered, except for subscriptions which will be taken into account directly. Subscriptions received during the first week of the month cannot be taken into account for subscriptions. When the Customer orders several products at the same time these can have. In the event of a shipment delay, the customer will receive an email with all the information concerning his delivery and follow-up status. . In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and charges "go »Under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point 0769084953 indicated in the order confirmation email to ensure the follow-up of the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event that an item is unavailable for a period exceeding 7 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by payment card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard, AMEX or Visa). Secure online payment by bank card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network provided by Shopify and Stripe. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons nor to pay penalties, with the exception, where applicable, of return costs ”. "The period mentioned in the previous paragraph runs from receipt for the goods or from the acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the Company as follows: Sending any communication to firstname.lastname@example.org or by mail to the address 7 rue du Gros Caillou. We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for a third party even with authorization. If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: 7 rue du Gros Caillou. Refund procedure: see the refund conditions.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made as follows: by the Shopify platform located on shop.escocafe.com. If you do not have an answer, send an email to the email address email@example.com. The Seller reminds that the consumer: - has a period of 2 years from the delivery of the good to act with the Seller - that he can choose between replacement and repair of the good subject to the conditions provided for by the art. apparently defective or not corresponding - that he is exempt from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. - that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Buyer can present any complaint by contacting the company by means of the following coordinates mail firstname.lastname@example.org with all the details of this complaint.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the provisions of this contract were canceled, this nullity would not result in the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights of questioning, access, modification, opposition