General conditions of sale
Applicable from 01/09/2022
Clause 1: Subject matter and scope
These General Terms and Conditions of Sale (GTC) form the basis of commercial negotiations and are systematically addressed or given to each buyer to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of Le Meilleur Torréfeur de la rue et de son client in connection with the sale of the following goods: Coffee, tea, chocolate and accessories.
Any acceptance of order including the clause « I acknowledge that I have read and accept the attached terms and conditions of sale » implies the purchaser's full adherence to these general terms and conditions of sale.
Clause 2: Prices
The prices of the goods sold are those in effect on the day of purchase. They are denominated in euro and calculated without taxes. Consequently, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
Society The Best Street Torrefactor grants the right to change its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when registering the order.
Clause 3: Discounts and rebates
The proposed rates include discounts and rebates that the company The Best Street Torrefactor would have to grant based on its results or the buyer's assumption of certain services.
Clause 4: Discount
No discounts will be made in case of advance payment.
Clause 5: Payment methods
Regulations will be made under the following conditions:
The Internet user can place an order on this site and can make payment by credit card.
Credit card payments are made by means of secure transactions.
In the context of credit card payments, the publisher of this website has no access to any data on the customer's means of payment. Payment is made directly to the bank.
The delivery times defined in the article below shall not begin to run until the effective date of receipt of the payment by the publisher, the publisher being able to prove this by any means.
Delay in delivery
Any delay in delivery of more than 7 days may result in the resolution of the sale on the customer's own initiative, by a written request from the customer, addressed in a registered letter with a request for notice of receipt.
The customer will then be reimbursed the sums committed by him when ordering.
This clause is not intended to apply if the delay in delivery is due to the customer's fault (e.g. erroneous address etc.) or to a case of force majeure beyond the seller's control (e.g. natural disaster, flooding, weather, etc.). The contract shall, where appropriate, be deemed to have been broken upon receipt of the letter of resolution by the publisher.
If the product arrives once the sales resolution letter has been received by the customer and the customer still wishes to give up the sale, the customer will have to return (at his/her own risk) the package to the seller who will reimburse him/her for the sums incurred at the time of the order as well as the return costs (on simple proof).
Guarantee of products purchased on this site
In the event of the presence of a defective purchased product on this site, the customer shall have in accordance with the provisions of the Civil Code in respect of the legal guarantee of hidden defects, of a period of two years from the finding of vice to request the exchange or the refund of the product, and, in accordance with article L211-5 of the Consumer Code, he shall have a period of two years from the receipt of the product to request the exchange or the repair, in the event that the goods delivered is not in conformity.
In order to exercise one of these rights, it will be up to the customer to get closer to the publisher's customer service.
Clause 6: Late payment
In the event of a total or partial failure to pay the goods delivered at maturity, the buyer must pay to the company The best street twister, a delay penalty equals three times the legal interest rate.
The legal interest rate is the rate in effect on the day of delivery of the goods.
Effective January 1, 2015, the statutory interest rate will be revised every 6 months (Order No.2014-947 of August 20, 2014).
This penalty shall be calculated on the amount of the remaining amount of the tax due and shall run from the due date of the price without any prior notice being required.
In addition to the late payment, any amount, including the advance payment, not paid on its due date will automatically result in the payment of a lump sum payment of EUR 40 for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause 7: Resolution clause
If within 15 days of the implementation of the clause « Late payment », the buyer has not paid the remaining sums due, the sale will be resolved automatically and will be entitled to the award of damages for the benefit of the society The Best Street Torrefactor.
Clause 8: retention-of-title clause
The company The Best Street Torrefactor retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to reorganization or liquidation, the Best Street Roarer reserves the right to claim, in the course of the collective proceedings, the goods sold and left unpaid.
Clause 9: Delivery
Delivery is made:
• Either by direct delivery of the goods to the buyer;
• Or by sending a notice of availability to the buyer;
• Either by depositing the goods at the place indicated by the buyer on the order form.
The delivery time indicated when the order is registered is given only as an indication and is not guaranteed.
DELIVERY POLICY
Delivery area
The proposed PRODUCTS can only be delivered to the FRENCH TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
Delivery costs will, in any event, be indicated to the user prior to any settlement.
In the event of delivery outside the European Union and to Dom-Tom, the user is informed that customs duties and other taxes may be payable.
The necessary formalities and payment of such duties and taxes are not the responsibility of the publisher and will in any event be the responsibility of the user.
It is therefore the responsibility of the latter to verify all these data and the possibility of importing the product from the competent authorities of the country of delivery before any order is made on the site.
Shipping time
The deadlines for preparing an order and then drawing up the invoice, before shipping the Products in stock are mentioned on the SITE. These periods shall be excluding weekends or holidays.
An e-mail message will automatically be sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address on the registration form is correct.
Delivery time & costs
During the order process, the SOLDER shall inform the CUSTOMER of possible shipping times and formulae for the products purchased.
Shipping costs are calculated according to the mode of delivery.
The amount of these costs will be payable by the CUSTOMER in addition to the price of the Products purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of an indication or agreement as to the date of delivery, the VENDER shall deliver the PRODUCT without undue delay and not later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to:
• The award of damages;
• Order cancellation.
The risk of transport is borne entirely by the buyer.
In case of missing goods 0 on receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery by registered AR mail addressed to the company.
Delivery Terms
The package will be delivered to the CUSTOMER upon signature and presentation of an identity document.
In case of absence, a notice of passage will be left to the CUSTOMER, to allow him to pick up his parcel from his post office.
Delivery Problems
The CUSTOMER shall be informed of the date of delivery fixed at the time when he chooses the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must order the VENDER to deliver within a reasonable time and in case of non-delivery within that time, he may terminate the contract.
The VENDER shall, without undue delay from the date of receipt of the termination letter, reimburse the CUSTOMER for the total amount paid for the products, taxes and delivery costs included, using the same method of payment as the CUSTOMER used to purchase the products.
The VENDER is responsible until the Product is delivered to the CUSTOMER. It is recalled that the CUSTOMER has three (3) days to notify the carrier of any damage or partial loss found during delivery.
Customer service
The VENDEUR shall make available to the CUSTOMER a « Telephone service Client » at the following number: 04 67 11 47 49 (not overtaxed). Any written complaint from the CUSTOMER must be forwarded to the following address: Le Meilleur Torréfactor de la rue, C.c Les Portes du Mont Saint-Loup, 93 chemin d'Agde au Mont Saint Loup 34300 Agde
Right of withdrawal and return of products
Principle of withdrawal
The CUSTOMER has, as a matter of principle, the right to withdraw by returning or returning the PRODUCT to the SELLER, without giving any reason.
For this purpose, the PRODUCT must be returned or returned no later than fourteen (14) days after the communication of its decision to withdraw, unless the VENDER proposes to recover the PRODUCT itself.
Time limit for withdrawal
In the event that the CUSTOMER has ordered several PRODUCTS through a single order giving rise to multiple DELIVERY (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last property.
If the withdrawal period expires on a Saturday, a Sunday or a holiday or a holiday, it shall be extended until the first working day following.
If the PRODUCT is delivered in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the last lot or part.
In order to exercise this right, it is up to them to return (at their own expense) the parcel to the address of the company's head office accompanied by a letter requesting reimbursement.
Any return must be returned (package, records, accessories, copy of the invoice) in perfect condition of resale, they must not be dirty or damaged (because of their use).
In order to exercise its right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify its decision to withdraw by means of a declaration without ambiguity (e.g. letter sent by post, fax or e-mail) to: The Best Torrefactor of the street, C.c Les Portes du Mont Saint-Loup, 93 chemin d'Agde at Mont Saint Loup 34300 Agde
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
– Provision of services fully executed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
– Provision of goods or services whose price depends on fluctuation in the financial market
– Supply of goods made according to CUSTOMER specifications or clearly customized
– Provision of goods likely to deteriorate or perish rapidly
– Provision of audio or video recordings or sealed software that were unsealed after delivery
– Journal, periodical, magazine (except subscription contract)
– Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering or services related to leisure activities if the offer provides for a specific date or period of execution
– Supply of goods which by their nature are inextricably mixed with other articles
– Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after Delivery
– the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the real value of which depends on the fluctuation in the market beyond the control of the Seller
– Maintenance or repair work to be carried out in an emergency at the consumer's home and expressly requested by him, within the limits of the spare parts and works strictly necessary to respond to the emergency;
– Provision of digital content not supplied dematerialised if the performance started with the express prior consent of the consumer, who also acknowledged that he would thereby lose his right of withdrawal
– contracts concluded at a public auction
PERSONAL DATA
The VENDER collects personal data on the SITE concerning its CLIENTS, including through cookies. CLIENTS can disable cookies by following the instructions provided by their browser.
The data collected by the VENDER shall be used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has specifically chosen this option, send it commercial prospecting letters, newsletters, promotional offers and/or special sales information, unless the CUSTOMER no longer wishes to receive such communications from the VENDER.
The data of the CUSTOMER shall be kept confidential by the VENDER for the purposes of the contract, its execution and in accordance with the law, for a period of 3 years from the end of the business relationship if you are a customer or from your last contact if you are not yet a customer.
CLIENTS may at any time unsubscribe by accessing their account or clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the VENDER service providers involved in the ordering process. For commercial purposes, the VENDER may transfer to its trading partners the names and contact details of its CLIENTS, provided that they have expressly given their prior consent when registering on the SITE.
The VENDOR will specifically ask CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SELLER. The VENDER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Law No 78-17 of 6 January 1978 on the computerisation of files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the VENDER shall ensure the implementation of the rights of the data subjects.
It is recalled that the CUSTOMER whose personal data are processed enjoys the rights of access, rectification, updating, portability and erasure of the information concerning him, as well as a right to limitation of processing in accordance with Articles 49,50,51,53 and 55 of the Computer Law and the provisions of Articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him, without cause and without charge.
The CUSTOMER may also define the fate of his or her data after his or her death and choose whether or not the CUSTOMER communicates his or her data to a third party previously designated by the CUSTOMER.
The CUSTOMER can exercise these rights by sending an e-mail to: lmtr34300@gmail.com or by sending a mail to: Le Meilleur Torréfeur de la rue, c.c. les portes du Mont Saint Loup, 93 chemin d'Agde au Mont Saint Loup 34300 Agde
Finally, the CUSTOMER may also lodge a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/en/complaints).
Clause 10: Major Force
The Company's Responsibility The Best Street Roarer cannot be implemented if the failure or delay in the performance of any of its obligations described in these General Conditions of Sale results from a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause 11: Court of competent jurisdiction
Any dispute relating to the interpretation and enforcement of these general conditions of sale shall be subject to French law.
In the absence of an amicable resolution, the dispute shall be brought before the Béziers Commercial Court,
93 Av. President Wilson, 34500 Béziers
Done at Agde, 16.09.69
Managing,
Mr Borghi Christophe