General terms and conditions of sale
These terms and conditions of sale are concluded on the one hand by the company VAYGA SAS, a simplified joint stock company with a share capital of € 506.64 whose headquarters is located at 8 rue Alfred de Vigny, 75008 Paris, registered in the Paris Trade and Companies Register under number 820 918 407, hereinafter referred to as "VAYGA SAS" and managing the website https://shop.kawa.coffee/ and, on the other hand, by any person or entity wishing to make a purchase via the website https://shop.kawa.coffee/ hereinafter referred to as "the buyer".
Article 1. Purpose
The present conditions of sale aim to define the contractual relations between Vayga SAS and the buyer and the conditions applicable to any purchase made through the website https://shop.kawa.coffee/. The acquisition of a product through this site implies unreserved acceptance by the purchaser of these conditions of sale, which the purchaser acknowledges having read prior to ordering. Before any transaction, the buyer declares on the one hand that the purchase of products on the site https://shop.kawa.coffee/ is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing him to commit himself under these general conditions of sale.
Vayga SAS reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are those shown on the https://shop.kawa.coffee/ website of Vayga SAS, while stocks last. Vayga SAS reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main technical characteristics: coffee beans or ground coffee, for food use. The photographs are as accurate as possible but are not binding on the Seller. The sale of the products presented on the website https://shop.kawa.coffee/ is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
Article 3. Tariffs
The prices appearing on the product sheets of the internet catalogue are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Vayga SAS reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order. In metropolitan France, for any order greater than or equal to 100 euros including tax, shipping costs are offered; for any order less than 100 euros including tax, a flat rate for participation in shipping costs will be charged to the buyer.
Article 4. Order and payment terms
Before ordering, the buyer must create an account on the site https://shop.kawa.coffee/. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile, etc.), must identify himself using this information. Vayga SAS offers the buyer the possibility of ordering and paying for its products in several stages, with payment of the order by credit card / PayPal:
- Secure payment by credit card or Paypal: the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice. The next step is to check all the information, read and accept the present general conditions of sale by ticking the corresponding box, and then to confirm the order by clicking on the "Confirm my order" button.
In the case of a Paypal/or other payment, the buyer is redirected to the secure interface in order to safely enter his Paypal account or personal credit card references. If the payment is accepted, the order is recorded and the contract is definitively formed. The payment by credit card or Paypal account is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract binding him or her to the bank so provides. The amounts debited are reimbursed by the bank within a maximum of one month after receipt of the cardholder's written objection. The holder shall not be liable for any costs incurred in returning the sums.
The confirmation of an order implies acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation to take advantage of its own conditions of purchase. All the data provided and the recorded confirmation will be considered as proof of the transaction. If the buyer has an e-mail address and if he or she has provided it on the order form, Vayga SAS will send him or her an e-mail confirming that the order has been registered.
If the buyer wishes to contact Vayga SAS, he/she may do so either by post at the following address: 189 Rue d'Aubervilliers, Voie A Lot 20 75018 PARIS; or by email at the following address: hello@kawa.coffee or by telephone on 01 84 60 84 84.
Article 5. Reservation of ownership
Vayga SAS retains full ownership of the products sold until full payment of the price, including all costs and taxes.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are made by La Poste in letter format, La Poste via COLISSIMO without signature, Chronopost or UPS. Delivery times are given as an indication only; if they exceed thirty days from the date of the order, the sales contract may be terminated and the buyer reimbursed. Vayga SAS may provide the buyer with the tracking number of his parcel by e-mail. The buyer is delivered to his home by his postman. If the buyer is absent, he/she will receive a notice of passage from the postman, which allows him/her to collect the ordered products from the nearest post office, during a period indicated by the postal services. The risks associated with transport are borne by the purchaser from the moment the items leave the premises of Vayga SAS. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery in the presence of the Post Office employee or the delivery person. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Guarantee
All products supplied by Vayga SAS are covered by the legal guarantee provided for in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to Vayga SAS, which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address 189 Rue d'Aubervilliers, Voie A Lot 20 75018 PARIS e, within thirty days of delivery.
Article 9. Liability
Vayga SAS, in the distance selling process, is only bound by an obligation of means. It shall not be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions, or other involuntary problems.
Article 10. Intellectual Property
All elements of the https://shop.kawa.coffee/ website are and remain the exclusive intellectual property of Vayga SAS. No one is authorised to reproduce, exploit or use in any way whatsoever, even partially, elements of the site, whether in the form of a photo, logo, visual or text.
Article 11. Personal data
Vayga SAS undertakes to preserve the confidentiality of the information provided by the purchaser, which he or she may be required to transmit for the use of certain services. Any information concerning the buyer is subject to the provisions of law n° 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: 189 Rue d'Aubervilliers, Voie A Lot 20 75018 PARIS.
Article 12. RGPD
The information collected on the forms and on the site is recorded in a file used by Vayga SAS for the management of purchases, the management of its customers
It is kept for 2 years after the last purchase and is intended for the marketing and sales departments and for logistics.
In accordance with the French law on information technology and civil liberties, the Customer may exercise his right to access and rectify data concerning him by contacting Antoine Vayson de Pradenne, 189 Rue d'Aubervilliers Voie A Lot 20 75018 Paris - rgpd@kawa.coffee
The Customer may also register on the "Bloctel" list of opposition to telephone canvassing, at: https://conso.bloctel.fr/
Article 13. Settlement of disputes
In order to prevent possible disputes, Vayga SAS will set up a "customer service", which the Customer can contact via the email form at the following address: hello@kawa.coffee. Each customer request will be dealt with as quickly as possible and Vayga SAS will try to provide the most appropriate response.
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.
The present conditions of remote sale are subjected to the French law. For all disputes or litigation, the competent court will be that of Paris.
Update date: 01.05.2020