Terms of Sales
1 - Identification of CAFFET ET CIE
CAFFET ET CIE is a société par actions simplifiée (simplified joint-stock company) with share capital of €869,999.50, having its registered office at 2 rue de la Monnaie - 10000 TROYES, registered with the Troyes Trade and Companies Registry under number 950 283 374. Intracommunity VAT number FR 55 950 283 374 (hereinafter “CAFFET ET CIE”).
2 - Applicability of the General Sales Conditions
The present general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply between CAFFET ET CIE and any customer qualified as a consumer within the meaning of the French Consumer Code (hereinafter the “Customer”) for any order of products (hereinafter the “Products”) made from the online store of the website www.maison-caffet.com (“the Site”), to the exclusion of any services or software. They supplement and apply to the terms of the order, which constitute the special conditions between CAFFET ET CIE and the Customer. The special terms and conditions and the General Terms and Conditions shall prevail over any previous proposals or agreements, as well as over any other communications relating to the order. In the event that any of the provisions hereof should be deemed or declared null and void or unwritten, the other provisions shall remain in full force and effect (unless the benefit of the null and void or unwritten clause is decisive in determining consent to the order).
3 - Acceptance and enforceability of the General Terms and Conditions
All orders placed on the Site are subject to the Customer's acceptance of the General Terms and Conditions, evidenced by the ticking of a consent box on the Site at the time the order is placed. They are then enforceable in their entirety against the Customer and CAFFET ET CIE at . CAFFET ET CIE may modify the present Conditions at any time, it being specified that only the Conditions in force on the day of the Customer's order are applicable. Any modification to the General Conditions proposed by the Customer will be unenforceable against CAFFET ET CIE.
4 - Product offer and availability
Only products listed and offered for sale on the Site are available for order (and subject to their unavailability mentioned on the Site).
The Products listed for sale online on the Site may under no circumstances be the subject of a request for modification of their composition or presentation.
5 - Prices
The prices of the Products are displayed on the Site. They are expressed in euros, VAT included, excluding costs and charges (in particular delivery costs) and net of any tax other than VAT (in particular: all customs duties, taxes, fees or contributions). The applicable VAT rate may vary according to the place of delivery of the Products and the nature of the Products.
CAFFET ET CIE is free to modify the prices at any time and at its sole discretion, the Price due by the Customer for his order remaining that in force at the time of the validation of his order, subject to the availability of the articles at this date.
6 - Delivery charges
Delivery charges are invoiced to the Customer by CAFFET ET CIE, and may vary according to the amount of the order, the 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 cost of transport itself. The carrier is freely chosen by CAFFET ET CIE. The amount of the delivery charges is indicated to the Customer before the final validation of the order. The amount of delivery charges and the list of countries to which products may be delivered are shown in the appendix hereto.
7 - Payment with order
Payment is made in cash when the order is placed, online and only by credit card or Paypal. Credit cards accepted are Carte Bleue, Visa, Eurocard and Mastercard. The order becomes firm only after receipt of the debit authorization from the company issuing the credit card used by the Customer, and therefore after payment.
No delivery can be made unless the full price of the Products has been paid at the time the order is placed.
The currency used for the transaction is the €uro. The amount debited from the account of the bank card used will depend on the exchange rate of the €uro on the day of the debit and any exchange charges levied by the bank issuing the card.
| CAFFET ET CIE retains ownership of the Products until full payment of the price and related fees and taxes by the Customer. |
8 - Order confirmation - Invoice
Once the order has been paid for, the Customer will receive electronic confirmation of the order placed.
The final paid invoice will be attached to the dispatch email and will be available from the customer area.
9 - Unavailability of products
The availability of seasonal Products may vary throughout the year. Availability is specified on the www.maison-caffet.com website. In the event of unavailability of the Products ordered, CAFFET ET CIE will inform the Customer by e-mail, to the address provided by the Customer when the order was placed. The Customer may then request a refund of the sums paid for the order, including delivery charges.
10 - Product delivery
The Customer is solely responsible for the information duly filled in when ordering (complete address (P.O. boxes do not constitute a delivery address), floor, door code, telephone, etc.). Consequently, should the parcel be returned to CAFFET ET CIE due to such a lack of information, the Customer will again bear the cost of delivery of the Products.
Delivery times may vary according to the place of delivery indicated by the Customer and the delivery method chosen. Delivery times are indicated to the Customer prior to final validation of the order.
These times are given in working days and correspond to the average time required to prepare and deliver the order to the address indicated.
If the recipient is absent, a delivery notice will be left in the recipient's letterbox. The parcel must therefore be collected as soon as possible from the address indicated. CAFFET ET CIE cannot be held responsible for any deterioration of the products due to their late collection from the designated carrier or commission agent.
CAFFET ET CIE cannot be held responsible in the event of the recipient's absence at the time of delivery.
It is the Customer's responsibility to check with the utmost care, upon arrival of the Products, the condition and quality of said Products, their conformity with the delivery note and the 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 delivery note that he has checked the goods.
No dispute - except for the legal conformity of the Products delivered or the guarantee against hidden defects - will be possible in the event of receipt of the Products by the Customer without reservation, and in the absence of a dispute sent by e-mail to infos@caffet-compagnie.com within 48 hours of receipt.
In the event of late delivery, the Customer may demand delivery within a reasonable additional period set by the Customer, and in the event of non-delivery within the latter period, request that the contract be rescinded.
For further information, please consult this page: https://maison-caffet.com/en/livraison
11 - No legal right of withdrawal
In accordance with the provisions of article L.221-28 of the French Consumer Code, the 14-day right of withdrawal referred to in article L.221-18 of the French Consumer Code does not apply to contracts for the supply of products likely to deteriorate or expire rapidly, such as chocolates and pastries. Consequently, the Customer may not invoke this provision.
12 - Intellectual property rights
The mere fact of purchasing Products from CAFFET ET CIE does not confer any rights on the Customer in respect of trademarks belonging to CAFFET ET CIE or to third parties. Consequently, the Customer has no right to the trademarks, patents, designs, distinctive signs, copyrights, software, studies, works or any documents, written or electronic, of CAFFET ET CIE.
13 - Warranty
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The Customer benefits from the legal guarantee of conformity as defined in article L217-3 et seq. of the French Consumer Code. In this respect, the customer has two years from the date of delivery to take action, and may request replacement of the product or a reduction in price, or resolution under the legal conditions. The customer is not required to prove the existence of a lack of conformity at the date of delivery. The warranty applies independently of any commercial warranty. The customer benefits from the guarantee against hidden defects of the item sold as defined in article 1641 of the French Civil Code, and may choose, in the event of a proven hidden defect, to opt for either the cancellation of the sale or a reduction in the price. |
14 - Tasting/ Storage
It is the customer's responsibility to respect the Best Before or Use By dates.
Products should be stored in their original packaging, wrapped in cling film after opening, between +4°C and +6°C, protected from light (in the refrigerator, for example).
15 - Liability
CAFFET ET CIE shall in no way be held liable in the event of non-performance of its obligations if such non-performance is attributable to the Customer, to an unforeseeable and insurmountable act of a third party or to force majeure.
The Products comply with current French regulations; CAFFET ET CIE cannot be held responsible in the event that the Products do not comply with the local regulations of the country to which they are delivered.
The photographs and illustrations of the Products on the Site are not contractual but reflect as faithfully as possible the rendering of the Products; the Customer should refer to the description of the Products on the Site for further details.
16 - Prohibition of any commercial use of the Products
The Products are sold to the Customer as the last sale. Consequently, the resale, use or transformation of Products for any commercial purpose is strictly forbidden, except with the prior written authorization of CAFFET ET CIE..
17 - Complaints
Any complaints must be sent by post 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, quoting the order number and date.
18 - Data confidentiality
CAFFET ET CIE may collect and process some of the customer's personal data, in particular for the purposes of placing and fulfilling orders (such as name, address, contact details, sales history, data relating to purchases). You can read our privacy policy on the Site. You have the right to access, rectify, delete, oppose or limit your personal data:
- by e-mail to infos@caffet-compagnie.com;
- via the “My Account” section of your customer account;
- by post to the following address CAFFET ET CIE - 2 rue de la Monnaie - BP 50111 - 10901 Troyes Cedex 9 - France
19 - Disputes - Applicable law and jurisdiction
The validity, interpretation and performance of this contract are governed by French law.
In the event of a dispute, you may have free recourse to the CNPM-MEDIATION-CONSOMMATION mediation service to which we belong by post: CNPM-MEDIATION-CONSOMMATION 27, avenue de la Libération 42400 SAINT CHAMOND or directly on the website: cnpm-mediation-consommation.eu
Any dispute or litigation which may arise directly or indirectly concerning the validity, interpretation or performance of this Contract, and which the parties are unable to resolve amicably, shall be submitted to the competent courts.