ARTICLE 1 - Scope
1.1 Application of the GTC
These General Terms and Conditions of Sale apply as soon as you place an order with the SAS DEEP Seller on its website www.brulerie-moka.com.
Contracts between the Client and SAS DEEP
The customer acknowledges having read, at the time of his order, the general conditions of sale by checking the box "Validate the general conditions of sale".
1.2 The GTC prevail over any other document
These General Conditions of Sale are accessible to you at any time on this website and take precedence over any other version or any other contradictory document.
The fact that one of the Parties does not invoke with the other party a breach of any of the obligations referred to in these T & Cs cannot be interpreted for the future as a waiver of the obligation involved.
1.3 Free modification of the GTC
Depending on the enrichment of our offers and legislative reforms, these GTCS may be modified. In this case, these changes become applicable as soon as they are posted online and cannot be applied to transactions concluded previously.
1.4 Geographical area
For products offered on the https://www.deep.coffee site, the delivery address must be located in the geographic area available on the https://www.deep.coffee site.
ARTICLE 2 - Orders
2.1 How to order?
The buyer, who wishes to buy a product or a service, must:
- select the product (s) he wishes to purchase and configure them correctly;
- complete the identification form on which he will indicate all the requested contact details or give his client ID if he has one;
- validate his order after having checked it;
- make the payment under the conditions provided;
- confirm their order and payment.
Confirmation of the order implies acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver of its own conditions of purchase or other conditions. All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
2.2 Checking the recorded information
The information that the buyer records when placing the order binds him: in the event of an error entering the e-mail address concerned, or in the event of an error in the wording of his contact details, SAS DEEP cannot be held responsible for the non-receipt of the Order confirmation electronic message and / or delivery difficulties resulting therefrom.
2.3 Order confirmation and invoicing
SAS DEEP will communicate by email the confirmation of the recorded order.
The data recorded by SAS DEEP constitute proof of the nature, content and date of the order.
SAS DEEP confirms the acceptance of his order to the Customer at the e-mail address that the latter will have communicated. The sale will not be concluded until 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 DEEP reserves the right to cancel any order from a Customer who has not paid for his subscription, or with whom there is a dispute relating to the payment of a previous order which has not been resolved.
ARTICLE 3 - Prices
3.1 Rates applicable at the time of purchase
The prices are expressed in Euros, including all taxes.
SAS DEEP reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
Unless otherwise stated, the prices indicated do not include transport and delivery costs. These costs are calculated according to the weight of the package, the carrier and the geographic location selected by the buyer.
Only the price in effect at the time of purchase is applicable. In other words, if the buyer subsequently notices an exceptional promotion on a product, he will not be able to benefit from it.
ARTICLE 4 - Payment terms
4.1 Means of payment
All orders are payable in euros.
Payment for purchases is made by means of a bank payment card or via Paypal.
The Customer guarantees to SAS DEEP that he is fully authorized to use the payment card for the payment of his order and that his means of payment legally provide access to sufficient funds to cover all the costs resulting from his order on the https site. : //www.deep.coffee. Payment by credit card is debited immediately upon ordering. Payments made by the Buyer will only be considered final after full payment and the products can only be shipped after actual receipt of the sums due by the Seller.
4.2 Payment on order
All items and products purchased on the website https://www.deep.coffee must be paid for in full and in one go 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 site https://www.deep.coffee.
Delivery times will be communicated to the customer by email when their 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 25 days from the date of order
Delivery times are only indicative; if these exceed thirty days from the date of order, the sales contract may be terminated and the buyer reimbursed.
5.2 Delivery costs
Unless otherwise stated, the prices indicated do not include delivery and transport costs. Delivery costs are calculated according to the weight of the package, the carrier and the geographic location selected by the buyer. The delivery price will be specified to the buyer before confirming his order.
The risks are the responsibility of the purchaser from the moment the products have left the premises of SAS DEEP. In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.
Except in special cases or unavailability of one or more products, the products ordered will be delivered at one time.
In all cases, if the package is returned to the sender because he incorrectly entered his postal address, the second delivery will be made at the Customer's expense. In this case, if the package is returned to the sender again, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain with SAS DEEP.
5.3 Verification by the Purchaser
Delivery is deemed to have been made upon delivery of the products ordered by the Seller to the Buyer. SAS DEEP asks its customers to check the status of orders upon receipt.
The risks are the responsibility of the purchaser from the moment the products have left the premises of SAS DEEP. In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.
5.4 Unavailability of a good ordered
In accordance with article L.121-20-3, in the event of a failure to perform the order resulting from the unavailability of the goods ordered, the consumer will be informed of this unavailability and will be reimbursed without delay and at the latest within thirty days after payment of the sums he paid.
SAS DEEP may provide goods of equivalent quality and price with the Buyer's agreement and in this case, the return costs will be borne by SAS DEEP.
ARTICLE 6 - Right of withdrawal and return policy
6.1 Right and withdrawal period
In accordance with the law in force, the private customer who purchases a good from the website https://www.deep.coffee has a withdrawal period of 14 clear days from receipt of the good in question.
Any withdrawal request must be made within the legal deadline provided by sending an email to info@deep.coffee
6.2 Proof of compliance with the SAS DEEP withdrawal period
It is up to the customer to prove who has respected the legal withdrawal period. The customer must keep all traces (sending an email, mailing receipt) that can prove compliance with the withdrawal period.
6.3 Product return
SAS DEEP may provide goods of equivalent quality and price with the Buyer's agreement and in this case, the return costs will be borne by SAS DEEP. If no agreement is reached between the Customer and SAS DEEP, the return costs will be borne by the customer. The Customer has a period of 14 clear days from the date of withdrawal to return the goods to SAS DEEP.
6.4 Time and means of reimbursement
SAS DEEP has a legal period of 14 days from the date of the withdrawal request to reimburse the customer. No refund will be made if the customer has not respected the withdrawal periods and until the goods have been returned to SAS DEEP.
SAS DEEP will offer a refund in the form of a credit or exchange to the customer. If the customer refuses a refund in the form of a credit or exchange, the refund will be made by bank transfer directly to the customer's account.
6.5 Exception to the exercise of the right of withdrawal for coffee orders
As an exception to the provisions of Article L 121-20 of the Consumer Code, the Buyer 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 health and safety. Thus, the coffees received cannot be returned.
ARTICLE 7 - Seller's liability
7.1 Legal guarantees
The products supplied by the Seller benefit, in accordance with the legal provisions:
- the legal guarantee of conformity,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
A hidden defect is a manufacturing defect that only became apparent after the sale of the property.
7.2 Involvement of legal guarantees
In order to assert your rights, you must inform the Seller, in writing, of the existence of the defects or lack of conformity within the legal period from their discovery. The Seller will replace defective or non-conforming products.
7.3 Exclusion of the guarantee in the event of fault of the Buyer or force majeure
Any warranty is excluded in the event of improper use, negligence or lack of maintenance on the part of the Purchaser, such as poor storage conditions for the Coffee. The Seller's warranty is limited to the replacement or reimbursement of non-compliant or defective products.
The Seller will not be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
7.4 Product conformity with photographic visuals
In addition, visual differences may exist between the presentation photographs produced and the products received, due in particular to the technical vagaries of the digitization process. However, these dissimilarities cannot give rise to redress since they are not likely to mislead the consumer as to the nature and characteristics of the products.
7.5 Navigation and safety
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 program. You are also advised to keep the confidentiality of your personal information (password, username, credit card number), and not to disclose it to any third party. Where applicable, SAS DEEP cannot be held responsible if this information is used due to your own negligence.
7.6 Deactivation of the customer account
If the Customer does not respect his contractual obligations, if he does not honor the payment of his order, or if he commits a serious wrongdoing likely to prejudice SAS DEEP, the latter reserves the right to terminate his account.
In any event, it retains the possibility of taking legal action even after the account has been closed if the said actions entitle it to take legal action.
Finally, SAS DEEP reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the latter uses a new account.
ARTICLE 8 - Data processing and Freedoms
8.1 Personal data declared to the CNIL
SAS DEEP records all transactions made on its site, they constitute proof of all your purchases. Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Purchaser are necessary for the processing of his order and the preparation of invoices.
The processing of information communicated through the Seller's site was the subject of a declaration to the CNIL dated 14.02.14
8.2 Communication
The exchanges between the Customer and SAS DEEP are carried out mainly by electronic means, in order to be able to keep a written record, serving as a form of proof, of our exchanges.
8.3 Verification, Correction and Modification of personal data
The Buyer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him. For this purpose, please contact us at info@deep.coffee. We would like to point out that the personal information collected is only used by SAS DEEP, it is not marketed to third parties and has no other purpose than to carry out our delivery service.
ARTICLE 9 - Intellectual property
The content of the site, in particular the graphic charter, the logo, the photos, the illustrations, the diagrams, the videos, the coffee recipes produced by SAS DEEP are the property of the Seller and its partners and are protected by French laws and international standards relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Consequently, the Customer therefore refrains from any reproduction or exploitation of the editorial content, photographs, product sheets, videos, of the brulerie-moka.com site.
ARTICLE 10 - Applicable law - Language
These GTC are governed by and subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 11 - Customer Service
In order to prevent possible disputes, SAS DEEP will set up a "customer service", which you can contact via the form by email at the following address: info@deep.coffee. Each customer request will be dealt with as soon as possible and we will try to provide the most appropriate response.
ARTICLE 12 - Confidentiality
In accordance with article 34 of the "Informatique et Libertés" law, the information stored in our database (personal data, shopping lists, etc.) is treated with the utmost confidentiality.
The customer benefits, at any time, from a right of access, rectification or opposition to the data collected which can be corrected by email to info@deep.coffee or by mail to the address 15 rue Glandeves, 13001 , Marseilles