I. SCOPE OF APPLICATION
These general terms and conditions of sale apply only to the existing and future commercial ties between VERLET SAS (a company with share capital of 200,000 Euros, whose registered office is located at 256 Rue St Honoré, Paris 1st district, registered in the Paris Corporate Register under the reference RCS Paris B 402 641 021 with the EU VAT number FR 20 402 641 021 00017) and those placing orders via the main online consumer sales platform. These general terms and conditions of sale may be amended at any time provided that the amendments are displayed on the site. These general terms and conditions of sale do not pertain to the "trade platform". This is a restricted-access platform with its own General Terms and Conditions of Sale.
II. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
By placing an order with LES CAFES VERLET the customer is deemed to have fully accepted these LES CAFES VERLET general terms and conditions of sale and order conditions. The customer does have the option of correcting or amending their order before confirming it.
Products are presented in accordance with legal requirements, and as accurately as possible.
There may be differences between the products displayed on the site and those delivered. Provided that such differences do not affect the essential characteristics of the products or their quality, they shall not constitute a valid reason to cancel the order or refuse to accept the delivery.
Representation of products on the website cannot be guaranteed to be perfect, particularly owing to differences in colours displayed via Internet browsers and/or computer monitors.
This means that photos of our products and compositions are not contractually binding and in no way incur the liability of LES CAFES VERLET.
4.1 The products on offer consist of those presented online, while stocks last.
4.2 There is no minimum order value.
4.3 If despite every effort on our part products ordered turn out to be temporarily unavailable (out of stock, subject to supplier delay, etc.) we will notify the customer by email and prompt them to either cancel or amend their order and/or required delivery date. If after the order has been placed any products turn out to be permanently unavailable, we will automatically cancel the customer’s order and notify them by email before issuing a refund of the sums paid for any unavailable products forming part of the order.
4.4 All of the products presented on the site can be delivered in France, elsewhere in Europe and to countries outside Europe.
4.5 Placing an order for delivery to a country other than mainland France makes you the importer of the product(s) in question. Customs duty, other local taxation, import duty or state tax may be levied. Such duties and taxes are outside the control of cafesverlet.com. They are to be borne by you and you alone are fully responsible for filing returns and making payments to the competent authorities and/or bodies in your country. We recommend that you find out about these matters with your country’s authorities.
4.6 All orders, regardless of the location from which they are placed, are to be paid in Euros.
V. USERNAME AND PASSWORD
When placing an order for the first time, the customer must complete an application form in order for a customer account to be set up.
The username and password constitute the customer’s personal login details, which serve as proof of the customer’s identity and make them responsible for any order placed using them. They are considered as electronic signatures within the meaning of current legislation. The customer alone is responsible for their username and password and they alone shall bear any consequences that may result from any misuse of them by any third parties who may have obtained them, unless the customer can prove that LES CAFES VERLET is directly to blame for them having done so. Should the customer forget their password or username, or have reason to believe that a third party may have obtained it, they can use the site’s reset feature to have their username re-sent to them and to set a new password.
VI. CONTRACT FORMATION: PROCESS
6.1 Order recording and confirmation
Order details are entered and brought together in a summary before the customer is prompted to confirm their order by selecting the delivery address and payment method. The customer is then prompted to submit their order. The order is automatically recorded and becomes firm and final once payment has been made by bank card, subject to the proviso contained in the following paragraph.
6.2 Confirmation of order receipt
LES CAFES VERLET confirms receipt of the order to the customer. Such confirmation is sent to the customer by email summarising the products ordered, the delivery address and the payment method and providing an order number. The information provided by the customer when the order is taken make the customer liable: should the customer make a mistake when entering their address or the delivery address, in particular their surname, forename, address, telephone number, e-mail address, door code or floor number, leading to loss of the products, the customer is still responsible for paying for the lost products and no compensation or refund can be granted.
In accordance with current legislation on electronic signatures and proof, this order confirmation and all of the data that we will have collected shall constitute proof of our transactions.
Our prices are stated in Euros including VAT, excluding postage and packing.
The fact that the price is displayed does not mean that the goods are available. Our pricing structure is given as a guide only and may be amended without prior notice.
We pledge to apply the prices stated as current when your order was placed.
VII. PAYMENT TERMS
The customer must pay for their order on the order date. Secure online payment such as we offer is a completely safe way of paying. The data is encrypted before being sent and cannot be intercepted while going through the network.
Orders can only be processed once the customer’s payment has been accepted and once we have been notified of this acceptance.
An invoice setting out the customer’s payment will be included in the parcel. If the order is a gift, whereby the delivery address is different to the billing address, the invoice will be sent by post to the billing address only.
VIII. DELIVERY AND IN-STORE COLLECTION
8.1 Delivery will be made to the address that you gave when placing your order.
It is up to the Customer to check the order consignment as soon as it arrives and to state any reservations or complaints that may appear warranted.
LES CAFES VERLET may not be held responsible for the consequences of any delayed delivery. Any orders not sent out within 30 days of order placement will be cancelled and a refund issued to the Customer.
Postage and packing costs are calculated based on the weight of the shipment, the delivery location and where applicable the delivery method selected by the customer.
The timelines stated are average timelines based on processing and delivery timelines for products being delivered to mainland France and Monaco. For shipments outside of this zone, LES CAFES VERLET cannot make guarantees of any kind with regard to timelines.
LES CAFES VERLET may split orders into a number of shipments at its discretion. In this case the whole order price will be debited. Postage and packing costs will be billed for one shipment only.
If delivery is delayed unexpectedly you will be notified by email.
8.2 Parcels are sent at the recipient’s own risk, and where necessary the recipient must state any reservations to the carrier upon receipt. The recipient must check the condition of the products delivered and lodge a complaint concerning any missing or damaged items, with the carrier via the delivery paperwork and with LES CAFES VERLET in a recorded delivery letter with acknowledgment of receipt requested, within 72 hours of delivery having taken place.
Procedure to be followed on receipt of goods
Check the parcel:
On receipt of the parcel and in the presence of the delivery agent, the customer must make sure that their parcel matches their order and is undamaged. The recipient shall be careful to only sign the delivery paperwork once they have checked the parcel. The paperwork must bear the delivery date, signature and signatory’s surname, which must be legible.
In case of dispute:
Refuse to accept the parcel and be sure to write legibly on the receipt describing:
> Any damage to the goods
> Any other problem or defect noted
Should the products delivered not match the order or have obvious flaws, the customer has 72 hours (from receipt) to lodge a complaint with us in writing (letter, email or fax) with acknowledgment of receipt requested.
Any events leading to an obstruction in the supply of raw materials, such as significant disruption to transport services liable to delay supply, prevent it or render it prohibitively expensive constitute, by express agreement, a reason for the obligations incumbent upon LES CAFES VERLET to be suspended or removed, without compensation being granted to the customer, if the event goes on for more than 15 days.
LES CAFES VERLET shall notify the customer by any appropriate means of the occurrence of such an event in order to allow them to withdraw their order by letter.
In mainland France excluding Corsica delivery timelines are, as a guide, 48 to 72 hours from the shipment being sent out.
Moreover, orders received from Tuesday to Thursday will be processed by us on the Friday, unless exceptional circumstances dictate otherwise. Orders received from Friday to Monday inclusive shall be processed from the Tuesday onwards, unless that day is a public holiday.
8.4 Collection in CAFES VERLET stores
In-store collection is available free of charge in our boutique located at 256 rue St Honoré, Paris 1st district. The delivery timelines are, as a guide, 5 (working) days. The Customer receives an email as soon as the order is available for collection in store, during the store opening hours. Orders are available in the LES CAFES VERLET store for a period of 10 days following dispatch of the order availability confirmation. If the product is not collected within this timeframe, it is returned to the online sales warehouse.
The Customer must produce proof of their identity and the Order number (figurant shown on the confirmation email). If the Customer unable to come and collect their Order personally, they must appoint a third party to represent them. This third party must possess written authorisation to do so and as well as a photocopy of the said Customer’s ID.
The Customer also pledges to sign the collection paperwork handed to them in the CAFES VERLET boutique, on which they can write any observation that they find necessary. Without payment being made and ID shown the Products will not be handed over. In signing the collection paperwork, the Customer acknowledges having received the number of parcels shown on it. Should one or more parcels be missing or damaged, the Customer must report it to the store Manager who will try to resolve the issue. If the collection paperwork is not signed, the Order is deemed to have been delivered in full.
8.5 In accordance with the provisions of Article L 114-1 of the French Consumer Code [Code de la Consommation], consumers have the option of cancelling orders if the delivery date or timeline stated upon ordering is exceeded by more than 7 days, except in case of force majeure.
IX. COOLING-OFF PERIOD
In accordance with Articles L.121-21 and following of the French Consumer Code, you have fourteen (14) working days as from the date when your order was received. For health and safety reasons the products must be unused. They must be returned to us at your expense and liability, adequately protected, in perfect resale condition, in their original packaging, showing no signs of knocks or other issues, along with any and all accessories, instruction manuals and leaflets as well as the corresponding invoice.
However, this cooling-off period does not apply to perishables, in accordance with Article 121-21-8 of the French Consumer Code.
In the same way, our liability is in no way incurred where the products sold are transported or stored in unusual conditions or conditions not suited to them.
A refund will be issued at the latest within 14 days of our receipt of your parcel or of the date when your parcel was sent out to LES CAFES VERLET as shown on any proof of postage slip. We recommend that you send your parcel using Parcelsimo signed-for delivery. In case of dispute it will be up to you to prove that the parcel was received at our premises.
X. GUARANTEE AGAINST HIDDEN FLAWS
We guarantee the quality and good condition of all the items that we send out.
We carry out quality control checks during the order preparation and packing processes. We can in no way be held liable for damage to orders sustained during transport or delivery (see Article VIII).
Should the products that we deliver to you have a hidden flaw, we will replace the offending item. Should we be unable to do so, we will issue a refund for the item once it has been sent back to us as per our returns procedure. The refund that we will issue once our quality control department has noted the flaw will also include the cost of sending the item back.
The products offered meet the French legislation in force.
We pledge to make every effort in terms of best practice in the industry and bring this to bear on the service provided to the customer. Nonetheless, no party shall be held responsible for total or partial failure to meet their obligations under this contract, if this is caused by an event that constitutes force majeure.
Those events meeting the criteria set by jurisprudence shall be considered as force majeure.
Les Parties agree that they will have to cooperate in a timely manner in order to determine together how the order may be fulfilled during the force majeure event.
Lastly, our liability can in no way be incurred in case of breakdowns, errors, viruses, hacking, obstacles to continuous access to our site or of any incident caused by browsing the Internet.
XII. DATA PROTECTION
We pledge to protect data that is personal to the Internet user and customer. By accepting these General Terms and Conditions of Sale, the Internet user and/or customer acknowledges having read our confidentiality pledge and grants us permission to collect and use this data.
The Internet user and/or customer has the right to access, rectify, object to and request deletion of this data, in accordance with the provisions of the French Data Protection Act [loi Informatique et Libertés] of 6 January 1978. Any such requests should be made by e-mail to our customer services department: infos @ verlet.fr
XIII. MEDIATION OF CONSUMER DISPUTES
In accordance with the provisions of the French Consumer Code on the consumer dispute mediation process ["le processus de médiation des litiges de la consommation"], the customer has the right to use the mediation service offered free of charge by LES CAFES VERLET.
The “consumer rights mediator" in question is AME CONSO.
This mediation service may be contacted:
- online: www.mediationconso-ame.com ;
- by post: AME CONSO, 11 Place Dauphine - 75001 PARIS.
XIV. APPLICABLE LAW AND COMPETENT COURT
These general terms and conditions of sale are governed by French law. Any dispute concerning the commercial ties between the customer and LES CAFES VERLET shall be brought before French courts only.
The order summary and these general terms and conditions of sale sent to those placing orders form a contract and constitute the full extent of the contractual ties between the Parties.
XV. CUSTOMER SERVICES DEPARTMENT
The LES CAFES VERLET customer services department is on hand to assist Internet users with any problems or enquiries by email at the following address: infos @ verlet.fr