The purpose of these terms and conditions of sale is to provide information to users of the service consisting in the online sale and delivery of products ordered on the terra-kahwa.com web site, and to define the rights and obligations of the parties with respect to the sale of these products.
They apply without restriction or reserve to all sales and all products offered on the web site.
TERRA KAHWA ® assumes no liability for any errors, inaccuracies or omissions concerning information available on the site, that may occur as a result of the fraudulent intrusion by a third party to the web site leading to a modification in the information provided.
For the purposes herein, it is agreed that the user and TERRA KAHWA ® will be collectively referred to as the “Parties” and separately as the “Party”, and that the user who validates an order will be referred to as the “Customer”.
The customer who wishes to purchase from the web site, declares to have full legal capacity. Nevertheless, the use of the website (consultation, purchase) by an incapacitated person within the meaning of Article 1123 et seq. of the French Civil Code, will be under the responsibility of the legal representative of this person.
The products are offered for sale in the following geographical territory: Metropolitan France and Corsica.
All orders of products offered for sale on the web site imply the consultation and express acceptance of the terms set out herein. without requiring that this acceptance be validated by the user’s handwritten signature. In accordance with applicable laws and regulations, it is reminded that the validation of the purchase order as set out in Article 3 hereafter, constitutes an electronic signature, which has the same value between the parties as a handwritten signature and is proof that the order has been placed in full and the sums due for the performance of said order are payable. Lastly, it is hereby stated that the user may save or print these terms and conditions of sale.
Article 1 – Purpose
The purpose of these terms and conditions of sale is to define, exclusively because of the relations that they establish on the Internet, the rights and obligations of the parties arising from the online sale of all the products offered on the web site.
Article 2 – Products
Pursuant to Article L.111-1 of the French Consumers Code, before placing the order, the user may find out more about the essential characteristics of the products that he wishes to order by clicking on the product on the web site.
The photographs, graphics and descriptions of the products offered for sale are for information only and do not bind the seller in any way.
Should the seller alter a product, the graphic representation of this product shall neither engage the seller’s responsibility nor even affect the validity of the sale.
Article 3 – Order and Validity of the transaction
All orders imply the unqualified acceptance of these terms and conditions of sale. The user will be asked to validate these terms and conditions of sale during the last stage of the order.
Users may change the quantity of products at any time in the “My Cart” tab.
After the order has been completed, an order summary is displayed for the user to validate, or make any necessary changes.
The user must then go to the identification stage and sign in either as a new customer or a returning customer. After signing in, the user enters the shipping and billing address as well as the shipping method for the products ordered.
When the order has been definitively confirmed, the user declares that he has accepted it in full. The order then becomes irrevocable. The order is processed as soon as TERRA KAHWA ® receives the payment, by credit card or Paypal.
After we receive the order, we send a detailed order confirmation to the user’s email address, stating the exact amount invoiced and the conditions of delivery of the order. This order confirmation e-mail is considered to be a purchase order that the user may print out.
TERRA KAHWA ® recommends that users keep this information in a paper or electronic document.
The customer has a cooling-off period of eight clear days to return the products (shipping expenses for the return not included), as from the date of delivery of the products.
The cancellation of the order must be notified by registered letter with acknowledgement of receipt and sent with the envelope included with the order and the full contents of the order in its original state to the address below:
TERRA KAHWA ®
Le Clos de Puvelin
38160 CHATTE
TERRA KAHWA ® reserves the right to cancel any orders with a customer with whom it has already had a dispute concerning the payment of a previous order.
Penalties of an amount equal to the legal interest rate plus five points are automatically applied to the outstanding sums ten days after the date of the invoice or a notice of a refusal of payment by the bank for all other modes of payment. The delivery of all new orders may be suspended in the event of the late payment of a previous order and notwithstanding the provisions herein.
Article 4 Payment
The sales prices of the products on line, given in euro, are those that apply when the user records the order.
These prices include the value added tax (VAT) applicable on the day of the order. All changes in the applicable rate will be automatically passed on to the price of products sold on the site.
The amount owed by the user is the amount displayed, which is shown on the order confirmation e-mail that TERRA KAHWA ® sends to the customer.
The transaction is secured by the use of the Paypal payment service.
All the data entered by the user during payment by credit card are encrypted immediately using the SSL protocol.
No payment data about the customer is stored on the www.terra-kahwa.com web site, thereby avoiding any possibility of fraud through the unauthorised entry into the web site. TERRA KAHWA ® never knows the credit card number entered and does not therefore store it on its server.
The order will be shipped as soon as payment has been received from the customer.
Credit cards issued by a banking institution domiciled in FRANCE and outside France are accepted.
To ensure secure credit card payment, the customer enters the card security code of the credit card being used.
Article 5 – Delivery
TERRA KAHWA ® delivers your order to the address that you choose in Metropolitan France and Corsica.
The products will be shipped within an average of 72 hours by Colissimo without the tracking option, and 48 hours by Colissimo with the tracking option. Delivery times are given for information only.
Users may not claim damages and interest or cancel their orders in the event of a late delivery.
Should the user have any doubts whatsoever about the condition or content of his parcel, he is bound:
- to apply the Colissimo Suivi procedure (in particular, report damages due, all claims and reservations) and refuse the product by immediately making an anomaly report to the post office employee.
- report these incidents to TERRA KAHWA ®
TERRA KAHWA ® disclaims all liability in the event of an excessively long delivery time due to the postal services, as well as during strikes. No compensation or late penalty may therefore be claimed for any reason whatsoever or for any force majeure event. Except for force majeure cases, the estimated delivery times will therefore not entitle users to compensation.
If a product does not comply with the order or if it is damaged or defective, simply return it, stating the reason for the return, within 15 days from the date of receipt of the order and only in the case of a delivery by Colissimo Suivi. A refund will be generated.
The parcel must be sent to the following address:
TERRA KAHWA ®
Service remboursement
Le Clos de Puvelin
38160 CHATTE
All risks related to the return of the product are the responsibility of the user.
Refund conditions
Only complete products that are in their original packaging will be accepted. Parcels should not be sent by collect charge or cash on delivery. Such parcels will be rejected.
All the information required for the refund must be provided:
- the relevant reference(s) on the delivery slip
- the reason for the return
Refund terms
Refunds are processed within 30 days as from the date the parcel is returned. Refunds are made by cheque sent to the billing address given by the user for the order.
For all additional information, contact the customer service at the address given below. Shipping expenses related to the return of the product are at the user’s expense. The initial delivery charges are not refunded.
Should the user fail to follow the procedure described above and within the given deadlines, he may not be able to make any claims for any reasons whatsoever and the products will be deemed to have been delivered in accordance with the order and free from all defect.
Warranty
Aside from the legal warranty set out in Article 1641 et seq. of the French Civil Code, in the event of the non-conformity of an item sold, the user may return the item, at his expense, to Terra Kahwa ®, who will take back the product and exchange it, after the Parties have come to a mutual agreement in advance.
All claims and requests for exchange must be sent by registered letter within thirty days from the date of delivery to the address below:
TERRA KAHWA ®
Le Clos de Puvelin
38160 CHATTE
Article 6 – Title retention clause
TERRA KAHWA ® retains full and unencumbered ownership of the products sold until it has received full payment, comprising the principal and any charges and taxes.
Article 7 – Liability
TERRA KAHWA ® may not be held liable for the non-performance of the contract in the event of the product going out of stock or becoming unavailable as a result of a force majeure, a disruption or full or partial strike, in particular by postal employees and transport and/or communication employees.
TERRA KAHWA ® may not be held liable for all indirect damage that may arise from the purchase of the products.
TERRA KAHWA ® may not be held liable for any loss of data and files. The user is responsible for making the necessary backups.
Article 8 Tolerance – Non-validity
No tacit modification or tolerance may be construed from the passiveness of TERRA KAHWA ® in enforcing these general terms of sale whatever the frequency or duration. Given that TERRA KAHWA ® remains free to demand the strict application of these terms and conditions irrespective of clauses that may be declared not valid pursuant to a law, regulation or final ruling of a competent jurisdiction, the other clauses continue to be fully valid.
Article 9 – Intellectual Property Law
This web site and all its elements found published on it (trademarks, drawings, logos, modules, graphs) as well as their compilation and layout are the property of TERRA KAHWA ®
The user therefore undertakes not to circulate or reproduce all or part of the web site in any form whatsoever. TERRA KAHWA ® owns all its trademarks, drawings, logos, models, and graphs that have been regularly filed with the INPI and reserves the right to claim damages and interest and any form of redress in the event of a breach, in any form, of its intellectual and industrial property rights.
Article 10 – Data Protection
The user’s personal data collected and kept by TERRA KAHWA ® during an order have the sole purpose of serving for the correct management of orders, deliveries and invoices.
TERRA KAHWA ® nevertheless reserves the right to use the data provided by the user for commercial purposes if the user accepts this when registering his personal data by checking the box that says: “I wish to subscribe to the newsletter of TERRA KAHWA ® partners”. Otherwise, the user is considered to have refused this subscription.
Pursuant to the French Data Protection Law No. 78/17 of 6 January 1978, the user may access, amend and delete data relating to him. To exercise this right, the customer may log on to the web site and fill out the form in the Contact section, or send a letter by post to the TERRA KAHWA ® customer service department at Le Clos de Puvelin – 38160 CHATTE
Lastly, it must be noted that cookies may be installed on your computer when you use this web site.
A cookie is not intended to record information about your browsing history, but is used to enable the you to log on more easily and to avoid repeating certain elements that have already been requested.
You can configure your browser to reject these cookies.
Article 11 – Applicable Texts and Jurisdiction
This contract is governed by French law. The language of this contract is French. All disputes concerning the interpretation, performance or termination of the contract concluded between TERRA KAHWA ® and the user will be settled under the exclusive jurisdiction of the Paris courts, even in cases involving more than one defendant.
Article 12 – Amendments to the General Terms and Conditions of Sale
Given the possible changes to the web site, TERRA KAHWA ® reserves the possibility of amending these terms and conditions of sale at any time. The terms and conditions of sale will be available on the TERRA KAHWA ® web site and will apply only to sales that are conducted after the amendments. It is the customer’s responsibility to check the existence of new clauses in the terms and conditions of sale presented herein, during each new order.