Terms of Sales
I – Application and enforceability of the general terms and conditions of sale
1.1 These general terms and conditions of sale (hereinafter the "General Conditions") apply to distance sales of all products offered by the company CAFFET ET CIE, a simplified joint-stock company, with a capital of €869,999.50, whose registered office is located at 2 rue de la Monnaie – 10000 TROYES, registered with the Troyes Trade and Companies Register under number 950 283 374 (hereinafter the "Products"), the list of which is available on the website www.maison-caffet.com, excluding all services or software, to any end consumer (hereinafter the "Customer"). These provisions prevail over any prior proposals or agreements, as well as any other communications relating to the sale transaction in question. In the event that any provision of these terms is deemed null or unenforceable, the other provisions shall remain in full force and effect. VAT identification number FR 55 950 283 374.
1.2 - These General Conditions are fully enforceable against the Customer, particularly regarding the prices and terms of sale of the Products, when the Customer checks a box provided for this purpose in the computerized ordering process, thereby accepting to be subject to the latest version of the General Conditions in force.
CAFFET ET CIE may modify these Conditions at any time, with the understanding that only the Conditions in force on the day the Customer's order is recorded by CAFFET ET CIE shall apply.
Any modification to the Conditions proposed by the Customer shall not be binding on CAFFET ET CIE.
The offer to purchase the Products at the price indicated on the website www.maison-caffet.com is valid as long as the Products are displayed on the website www.maison-caffet.com.
In accordance with the provisions of articles L.111-1 to L.111-13 of the Consumer Code, the essential characteristics and prices of the Products are accessible on the website www.maison-caffet.com.
The sale of the Products by CAFFET ET CIE is governed by the provisions of articles 1369-1 et seq. and 1582 et seq. of the Civil Code, subject to any particular contractual provisions set forth in these Conditions.
II – Order Placement and Confirmation
2.1 - Any order placed by the Customer implies acceptance of the General Conditions in force on the day of the order and renders them enforceable against the Distributor in accordance with the provisions specified in article 1-2 above. In order to place an order, the Customer must follow the following steps:
- Enter the address of the website www.maison-caffet.com;
- Follow the instructions provided, including those relating to opening a customer account if necessary;
- Fill out the order form;
- Validate the form;
- Verify the elements of the order, including the ordered Products and the price, and, if necessary, identify and correct any errors;
- Finally validate the order;
- Follow the instructions provided to make the payment.
The telecommunication costs associated with accessing the website www.maison-caffet.com remain the sole responsibility of the Customer.
The Customer will receive an electronic confirmation of the order, containing a summary thereof, without delay.
2.2 - In case of error in the recipient's contact information, CAFFET ET CIE shall not be held liable for the inability to deliver to the recipient or for any possible return to CAFFET ET CIE.
If the Customer wishes to redirect the parcel to another address, the Customer shall bear the additional costs.
2.3 - The goods presented on the website of the online store www.maison-caffet.com cannot under any circumstances be subject to requests for modifications to their composition or presentation.
CAFFET ET CIE reserves the right to reject any order exceeding €750 excluding delivery costs and may, if necessary, ask the Customer to send an email to infos@caffet-compagnie.com to obtain the procedure for obtaining the requested quantity of Products.
2.4 - In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay using a payment card is irrevocable. By providing information about their bank card, the Customer authorizes CAFFET ET CIE to debit their bank card for the amount corresponding to the order price.
The order will only be processed and prepared upon receipt of the authorization to debit from the card issuer used by the Customer.
The order will only be delivered upon receipt by CAFFET ET CIE of the payment for the order amount. No shipment will take place before full payment of the price of the ordered Products. However, if CAFFET ET CIE delivers the Customer's order despite non-payment of an invoice issued on its due date, the amount due will automatically accrue interest at a rate corresponding to the legal interest rate, from the due date until actual payment. Furthermore, CAFFET ET CIE reserves the right to suspend the execution of any order in the event that the Consumer has not fulfilled all or part of their obligations under these terms, both in relation to the order in question and to previous orders, until the Customer has effectively remedied their non-performance.
2.5 - In accordance with the provisions of article L.121-20-2 and article L.121-20-4 of the Consumer Code, the 14-day right of withdrawal referred to in article L.121-20 of the Consumer Code does not apply to contracts for the supply of products liable to deteriorate or expire rapidly, such as chocolates and pastries. Therefore, the Customer cannot avail themselves of it.
III – Price and Delivery Charges
3.1 - The prices applicable to any order will be those listed in the current price list on the day of the order. Prices are expressed in euros, inclusive of VAT, and net of any other tax than VAT, including but not limited to, any customs duties, taxes, levies, or contributions, as well as any fees or charges, such as delivery fees, which remain the responsibility of the Customer. The applicable VAT rate may vary depending on the place of delivery of the Products and the nature of the Products.
3.2 - Delivery charges are invoiced to the Customer by CAFFET ET CIE, and may vary depending on the order amount, volume and weight of the parcel, and the place of delivery. Delivery charges take into account both the cost of preparing the parcel by CAFFET ET CIE and the actual transportation costs.
The amount of delivery charges is indicated to the Customer before final validation of the order.
The amount of delivery charges and the list of countries where the products can be delivered are included as an appendix to these terms.
IV – Payment at Order
4.1 - Payment is made in full at the time of the order, online and only by credit card or PayPal. Accepted credit cards include those from the Carte Bleue, Visa, Eurocard, and Mastercard networks.
4.2 - The currency used for the transaction is the Euro. The amount debited from the account of the credit card used will depend on the Euro exchange rate on the day of the debit and any exchange fees charged by the issuing bank of the card.
4.3 - The customer must provide the card number, as well as the expiration date and the last 3 digits of the security code on the back of the card. The SSL security protocol used ensures complete confidentiality of the personal information transmitted over the Internet.
4.4 - The transaction is immediately debited from the customer's credit card after verification of the card data, upon receipt of authorization to debit from the issuing bank of the credit card used by the customer. In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay using a credit card is irrevocable. By providing information regarding their credit card, the customer authorizes CAFFET ET CIE to debit their credit card for the corresponding amount of the order.
4.5 - In the event that debiting the price of the order is impossible, the sale thus made will be automatically terminated and the order will be canceled.
4.6 - Once the order is paid, the customer will receive confirmation of the order placed, in accordance with Article 2.1 of these general terms and conditions of sale. The final paid invoice will be provided to the customer upon delivery of the Products, along with the corresponding delivery note.
4.7 - Maison Caffet is free to modify prices at any time and at its sole discretion, with the price due by the customer for their order being the one in effect at the time of order validation, subject to availability of the items on that date.
V – Product Unavailability
5.1 - The availability of seasonal Products may vary throughout the year. The availability of these products is specified on the website www.maison-caffet.com.
5.2 - In the event of unavailability of Products ordered, CAFFET ET CIE will inform the Customer by email, at the address provided by the Customer when placing the order. The customer can then request a refund of the amounts paid for the order, including delivery charges.
VI – Product Delivery
6.1 - Parcels are prepared and packaged by CAFFET ET CIE in a closed, sturdy packaging to ensure that the contents are not damaged during transportation.
6.2 - The Customer is solely responsible for the information provided during the order (complete address, floor, door code, phone number, etc.) and for any delivery failure due to lack of information during the order. Consequently, if the parcel is returned to CAFFET ET CIE due to such information failure, the Customer will be responsible for redelivery charges.
6.3 - Orders with a post office box address will not be accepted by CAFFET ET CIE.
6.4 - CAFFET ET CIE undertakes, upon receipt of payment, to process and deliver the order to the specified destination according to the determined procedure and transport.
6.5 - Delivery times are available on the website www.maison-caffet.com. These may vary depending on the Customer's delivery address and chosen delivery method. Delivery times are indicated to the Customer before final validation of the order. These times are in working days and correspond to the average preparation and delivery times to the specified address. Upon order confirmation, the maximum delivery time is 7 working days in Metropolitan France. Shipping costs are free for purchases over €75.00. They are €20.00 for shipments in Chrono Fresh at 4 degrees; €15.00 for shipments with Chronopost Express; €11.00 for shipments to a pickup point.
For more information, please visit this page: https://maison-caffet.com/livraison
6.6 - In case of recipient absence, a delivery notice will be left in the recipient's mailbox. The parcel must then be picked up promptly at the specified address. CAFFET ET CIE shall not be held responsible for any deterioration of the products due to late pickup from the post office.
6.7 - CAFFET ET CIE shall not be held responsible in any way for recipient absence during parcel delivery.
6.8 - It is the Customer's responsibility to carefully check, upon receipt of the Products, their condition, quality, conformity to the delivery note and order, as well as the absence of any apparent anomalies. The Customer must check the quantity and quality of the goods delivered by the carrier and indicate on the transport document that they have verified the goods.
6.9 - No dispute regarding the conformity of the delivered Products will be possible if the Products are received without reservation by the Customer and in the absence of any dispute sent by email to infos@caffet-compagnie.com within 48 hours of receipt.
VII – Transfert of Ownership
7.1 - CAFFET ET CIE retains ownership of the Products until full payment of the price and related fees and taxes by the Customer.
VIII - Intellectual Property
8.1 - The mere purchase of Products from CAFFET ET CIE does not confer any rights to the Customer over the trademarks owned by CAFFET ET CIE or third parties. Therefore, the Customer has no rights over the trademarks, patents, designs, distinctive signs, copyrights, software, studies, works, or any documents, written or electronic, of CAFFET ET CIE.
IX – Responsibility
9.1 - CAFFET ET CIE cannot in any way be held responsible for non-performance of its obligations if such non-performance is attributable to the Customer, an unforeseeable and insurmountable event of a third party to the contract, or a case of force majeure.
X – Warranty
10.1 - The Customer benefits from the legal warranty against hidden defects of the Products under the conditions provided for by the provisions of articles 1641 and 1648 of the Civil Code.
Art. 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects of the thing 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 given it a lesser price, if they had known about them".
Art.1648 paragraph 1 of the Civil Code:
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects".
10.2 - The Customer also benefits from the legal guarantee of conformity under the conditions provided for by the provisions of articles L.211-4 and following of the Consumer Code.
Art. L.211-4 of the Consumer Code:
"The seller is required to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery.
He is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when it was made his responsibility by the contract or was carried out under his responsibility."
Art. L.211-5 of the Consumer Code:
"To be in conformity with the contract, the goods must:
1° Be suitable for the customary use expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter".
Art. L.211-12 of the Consumer Code:
"The action resulting from lack of conformity is barred after two years from the delivery of the good".
XI – Tasting/Storage
11.1 - The Products are best enjoyed at room temperature between 18°C and 20°C. Each Product is labeled with a tag specifying the Best Before Date or the Expiry Date.
11.2 - Products should be stored in their original packaging, resealed in food wrap after opening, between +4°C and +6°C, shielded from light (in the refrigerator, for example).
XII – **Prohibition of Commercial Use of Products**
12.1 - The Products are sold to the Client for final consumption. Therefore, resale, use, or transformation of Products for any commercial purpose is strictly prohibited without prior written authorization from CAFFET ET CIE.
XIII – Complaints
13.1 - The Client should address any complaints by mail to the following address: CAFFET ET CIE - 2 rue de la Monnaie - BP 50111 - 10901 Troyes Cedex 9, or by email to the following address: infos@caffet-compagnie.com, stating the order number and date.
XIV - Data Confidentiality
14.1 - CAFFET ET CIE undertakes to keep the Client's personal data in compliance with current regulations. CAFFET ET CIE agrees not to disclose any personal information to a third party without the Client's authorization, except for communications that may be required by law, regulations, or courts.
14.2 - In accordance with the Data Protection Act of January 6, 1978, the Client may at any time exercise their right to access their data, their right to object, and their right to rectify or delete it. Any request made in this context must indicate the client's name, first name, postal address, and email address and be sent to:
- by email to the following address: infos@caffet-compagnie.com ;
- through the "My Account" section of their customer account;
- by postal mail to the following address: CAFFET ET CIE - 2 rue de la Monnaie - BP 50111 - 10901 Troyes Cedex 9
XV – Applicable Law and Jurisdiction
15.1 - This contract is, for its validity, interpretation, and execution, subject to French law.
15.2 - Any dispute or litigation that may arise directly or indirectly concerning the validity, interpretation, or execution of this Contract, and that the parties cannot resolve amicably, shall be submitted to the competent Courts designated in accordance with articles 42 et seq. of the Code of Civil Procedure.
ANNEX 1: DELIVERY RATES AND LIST OF COUNTRIES DELIVERED