GTC

ARTICLE 1 - Scope of Application

1.1 Application of the GTC

The present General Conditions of Sale apply when you place an order with the Seller SAS Terres et Hommes on its Internet site www.larbreacafe.com
The contracts between the Client and SAS Terres et Hommes and/or its successors and assigns are binding between the parties.
The client acknowledges having read the general conditions of sale at the time of his order by checking the box "Validate the general conditions of sale".

1.2 The T&Cs prevail over any other document

These General Terms and Conditions of Sale are accessible to you at any time on this website and prevail over any other version or any other contradictory document.
The fact that one of the Parties does not avail itself of a breach of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.

1.3 Free modification of the GTC

According to the enrichment of our offers and the legislative reforms, these GTC can be modified. In this case, these modifications become applicable as soon as they are put online and cannot be applied to transactions concluded previously.

1.4 Geographical area

The delivery address must be located within the geographical area available on the site larbreacafe.com.

 

ARTICLE 2 - Orders

2.1 How to place an order?

The buyer, who wishes to buy a product or a service must obligatorily :

- select the product(s) he wishes to purchase and configure them correctly;

- Fill in the identification form with all the requested information or give his customer ID if he has one;

- validate his order after having checked it;

- make the payment in accordance with the conditions;

- confirm his order and payment.

The confirmation of the order implies acceptance of these terms of sale, the recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions.

All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.

 

 

2.2 Verification of recorded information

The information that the purchaser registers when placing an order is binding: in the event of an error in entering the e-mail address concerned, or in the event of an error in the wording of the purchaser's address and telephone number, SAS Terres et Hommes shall not be held responsible for the non-receipt of the electronic message confirming the order and/or for any resulting delivery difficulties.

2.3 Order confirmation and invoicing

Terres et Hommes SAS shall send confirmation of the registered order by e-mail.
The data recorded by Terres et Hommes SAS shall constitute proof of the nature, content and date of the order.
Terres et Hommes SAS shall confirm the acceptance of the order to the Client at the e-mail address given by the latter. The sale shall be concluded only after confirmation of the order.

2.4 Issue of Invoice

An invoice detailing the content, the price of the order and the taxes will be sent by e-mail to the Customer at the same time as the order confirmation.

ARTICLE 3 - Rates

3.1 Rates applicable at the time of purchase

The prices are expressed in Euros, HT and TTC.

Terres et Hommes SAS reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order shall be the only one applicable to the purchaser.

Unless otherwise stated, the prices indicated do not include shipping and delivery costs. These costs are calculated according to the weight of the package, the carrier and the geographical location selected by the buyer.

Only the price in effect at the time of purchase is applicable. In other words, if the buyer notices later an exceptional promotion on a product, he will not be able to benefit from it.

 

ARTICLE 4 - Terms of payment

4.1 Means of payment 

All orders are payable in Euros.
The payment of the purchases is carried out by means of a bank card.

The client guarantees Terres et Hommes that he is fully authorized to use the payment card for the payment of his order and that his means of payment legally give access to sufficient funds to cover all costs resulting from his order on the site www.larbreacafe.com The payment by credit card is debited immediately at the order. The payments made by the Buyer will be considered as final only after complete payment and the products will be able to be sent only after effective collection of the sums due by the Seller.

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 www.larbreacafe.com

The delivery time will be communicated to the customer by e-mail when the order has been processed.

Indicative delivery times:

-France and EU zone: 2 days to 20 days from the date of order

-Rest of the world: 5 to 20 days from the order date

Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled and the buyer reimbursed.

5.2 Delivery costs

Unless otherwise stated, the prices indicated do not include delivery and transport costs. Delivery charges are calculated according to the weight of the package, the carrier and the geographical location selected by the buyer. The price of the delivery will be specified to the buyer before the confirmation of his order.

Delivery fees are offered only for orders over €100 including tax and shipped to Metropolitan France. This offer is not cumulative and does not apply to professionals.

The risks are borne by the purchaser from the moment the products leave the premises of Terres et Hommes SAS. 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 in one go.

In all cases, if the package is returned to the sender because he/she has incorrectly filled in his/her postal address, the second delivery will be made at the Customer's expense. In this case, if the parcel is again returned to the sender, it will no longer be returned to the Client and the amount corresponding to this order, including any additional delivery costs, will remain with Terres et Hommes SAS.

5.3 Verification by the Buyer

Delivery shall be deemed to have taken place as soon as the products ordered are handed over by the Vendor to the Purchaser. Terres et Hommes SAS asks its clients to check the state of the orders on receipt.

The risks are borne by the purchaser from the moment the products leave the premises of Terres et Hommes SAS. 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 an ordered good

In accordance with article L.121-20-3, in the event of failure to execute the order due to the unavailability of the goods ordered, the consumer shall be informed of this unavailability and shall be reimbursed without delay and at the latest within thirty days of payment of the sums paid.
Terres et Hommes SAS may supply a good of equivalent quality and price with the agreement of the Purchaser and in this case the cost of return shall be borne by Terres et Hommes SAS.

 

ARTICLE 6 - Right of withdrawal and return policy

6.1 Right of withdrawal and time limit 

In accordance with the law in force, the individual customer who buys a good from the website www.larbreacafe.com has a withdrawal period of 14 days from receipt of the goods in question.

Any request for withdrawal must be made within the statutory period by sending an e-mail to [email protected].

6.2 Proof of compliance with the withdrawal period 

In the event of a dispute with Terres et Hommes, it is up to the client to prove that the legal withdrawal period has been respected. The client must keep all traces (e-mail, post office receipt) which can prove that the withdrawal period has been respected.

6.3 Return of the product 

Terres et Hommes SAS may supply a good of equivalent quality and price with the agreement of the Purchaser and in this case the cost of return shall be borne by Terres et Hommes SAS.

If no agreement is reached between the Client and Terres et Hommes SAS, the cost of return shall be borne by the Client. The client has 14 clear days from the date of withdrawal to return the goods to Terres et Hommes SAS.

6.4 Time and means of repayment

Terres et Hommes SAS has a legal period of 14 days from the date of the request for retraction to reimburse the client. No reimbursement shall be made if the client has not respected the time limit for retraction and as long as the goods have not been returned to Terres et Hommes SAS.

Terres et Hommes will propose a refund in the form of a credit note or exchange to the client. If the client refuses a refund in the form of a credit note or exchange, the refund will be made by bank transfer directly to the client's account.

 

6.5 Exception to the right of withdrawal for orders of coffee, cocoa and edible products

By exception to the provisions of Article L 121-20 of the Consumer Code, the Buyer does not have a withdrawal period after receipt of orders for coffee, cocoa and edible goods.
Indeed, according to the law, this right cannot be exercised for edible goods for reasons of hygiene and safety. Thus, the coffees received cannot be returned.

 

ARTICLE 7 - Seller's liability

7.1 Legal warranties

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 products delivered and making them unfit for use.
A latent defect is a manufacturing defect that only appeared after the sale of the goods.

7.2 Implementation 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 time limit as of their discovery. The Seller will replace the defective or non-conforming products.

7.3 Exclusion of warranty in case of fault of the Buyer or force majeure

Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Buyer, as well as poor storage conditions of coffee, cocoa or edible goods. Seller's warranty is limited to the replacement or refund of non-conforming or defective products.
Seller shall not be held responsible or liable for any delay or failure to perform due to the occurrence of a force majeure event usually recognized by French jurisprudence.

7.4 Conformity of the products to the photographic images

In addition, visual differences may exist between the product presentation photographs and the products received, due in particular to the technical hazards of the scanning process. However, these differences cannot give rise to compensation as long as they are not such as to mislead the consumer on the nature and characteristics of the products.

7.5 Navigation and security

In order to make the best use of our services, it is recommended that you regularly update your browsers, and that you have an anti-virus software.
You are also advised to keep your personal information (password, login, credit card number) confidential and not to divulge it to any third party. Terres et Hommes SAS cannot be held responsible if this information is used due to your own negligence.

7.6 Deactivation of the customer account

If the client does not respect his contractual obligations, if he does not honour the payment of his order, or if he commits a serious wrongful act likely to prejudice Terres et Hommes SAS, the latter reserves the right to cancel his account.
In any event, it shall retain the possibility of taking legal action even after the account has been closed if the said actions entitle it to take legal action for damages.
Finally, Terres et Hommes SAS reserves the right to refuse any order from a client with whom there is such a dispute, even if the latter uses a new account.

ARTICLE 8 - Information Technology and Civil Liberties

8.1 Personal data declared to the CNIL

Terres et Hommes records all transactions made on its site, and these records constitute proof of all your purchases. In application of the law 78-17 of January 6, 1978, it is recalled that the nominative data requested from the Purchaser are necessary for the processing of his order and for the establishment of invoices.
The processing of information communicated through the Seller's website has been declared to the CNIL on 25.02.2015

8.2 Communication
Exchanges between the Client and Terres et Hommes SAS are mainly carried out electronically, in order to keep a written trace, as proof, of our exchanges.

8.3 RGPD

The information collected on the forms and on the site is recorded in a file computerized by L'Arbre à Café for the management of the purchases, the management of our customers.
They are kept for 2 years after the last purchase and are intended for the marketing and sales departments and for logistics.
In accordance with the French Data Protection Act, you may exercise your right to access and rectify your personal data by contacting : Philippe Nussbaumer, 142 avenue du Maine 75014 PARIS - [email protected].
We would also like to draw your attention to the existence of the "Bloctel" telephone anti-solicitation list, on which you can register here: https://conso.bloctel.fr/

 

8.4 Verification, correction and modification of personal data

In accordance with national and European regulations in force, the Buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. To do so, please contact us at [email protected]. We would like to point out that the personal information collected is used solely by Terres et Hommes SAS, is not sold to third parties and is only used to carry out our delivery service.

ARTICLE 9 - Intellectual Property

The contents of the site, notably the graphic charter, the logo, the photos, the illustrations, the diagrams, the videos, the coffee recipes produced by Terres et Hommes SAS are the property of the Vendor and his partners and are protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Consequently, the Customer is prohibited from reproducing or exploiting the editorial content, photographs, product sheets, videos, of the site www.larbreacafe.com

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 be deemed authentic in the event of a dispute.

ARTICLE 11 - Customer Service

In order to prevent any possible disputes, Terres et Hommes SAS will set up a "customer service" department, which you can contact via the e-mail form at the following address: [email protected]. All customer requests will be dealt with as quickly as possible, and we will endeavour to provide the most appropriate response.