Terms and Conditions Our terms and condition of use

GENERAL TERMS AND CONDITIONS OF SALE AND USE

1. Preliminary notices

a)     Legal notices

This site is published by CAPE AND CAPE (hereinafter "the publisher"), a French simplified corporation (SAS) with share capital of €601,720, entered in the Paris Companies Register under number B 794173351, and whose registered office is located at 28 rue Bayard, 75008 Paris. Intracommunity VAT no.: FR 51 794173351. The publisher can be contacted by telephone at +33 (0)1 45 24 77 70 or by email at the following address: contact@capeandcape.com. The site is hosted by My BB Services, whose registered office is located at 131 Rue Cardinet, 75017 Paris and can be contacted by telephone at the following number: +33 (0)1 83 62 98 80. The director of site publication is Marie Faucon, and the head editor is Meriem Boutaleb.

b)     Purpose

This site is free to access and free of charge to any user. Its purpose is the online sale of teas and related accessories.

c)      Acceptance and general terms and conditions

If a user places an order on this site then he is deemed to have accepted these general terms and conditions. Equally, the user also acknowledges to be fully aware of them. This acceptance will consist of the user validating the general terms and conditions of sale and use of the site.

Accepting the general terms and conditions will be deemed to have the same value as a user’s signature. The user acknowledges the evidential value of the automatic registration systems of the publisher of this site and, unless he can provide contrary proof, he waives contesting them in the event of a dispute.

The acceptance of these general terms and conditions assumes on the part of users that they have the legal capacity required to do so, or failing this that they have the authorisation of a guardian or trustee if they are legally incompetent, or of their legal representative if they are minors.

2. Method of placing orders and description of the purchasing process

The availability of products is stated on the site, in the information sheet of each article.

To place an order, users can select one or more objects and add them to their shopping basket. When their order is complete, they can access their basket by clicking the button provided for this purpose. By viewing their basket, users will have the option to check the number and the nature of the items they have chosen and can check their unit price and the total price of the order. They will be able to remove one or more items from their basket. Furthermore, in this summary customers will be notified whether or not they have the option to exercise their right of withdrawal and the deadlines that apply. If their order suits them and they want to validate it, users should click on the submit button, then they will access a form in which they can either enter their login information if they already have it or register on the site by filling out the form that is presented to them with the personal information about them. When they are connected or after they have fully completed the form, customers will be invited to check or change their delivery and billing addresses, read and accept these terms and conditions, then confirm their order and make their payment by being redirected for this purpose to the secure payment interface. Once the payment is actually received by the website publisher, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable time period. Equally, and in the same reasonable time period, the publisher agrees to send the customer a summary email of the order and confirm that it has been processed, summarising all the information related to the order, the products ordered, their delivery, as well as how to exercise any right of withdrawal.

3. Prices

The prices listed on the site are in euros, inclusive of all taxes, excluding shipping costs. These prices can be changed at any time by the publisher, are only valid on the day of the order and do not apply for the future. The price applicable to the customer is that in force when ordering. In any event, the customer will be informed of delivery costs before any payment and they only concern deliveries in mainland France, including Corsica. For any other place of delivery, it will be the customer's duty to contact customer service.

4. Retention of title clause

Products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. Risks are transferred to the customer after delivery.

5. Information relating to payment

The user can place an order on the site and make his payment by credit card and Paypal. Credit card payments are made via secure transactions provided by OGONE or Paypal. In the context of credit card payments, the publisher does not have access to any data on the customer's means of payment.

6. Delivery

Orders are delivered by the post office or UPS within two working days from receipt of the full payment of the price corresponding to the consideration, by the seller. Nevertheless, certain products or order volumes may justify a longer delivery time, and it will be expressly brought to the customer's attention during validation of the order.

In the event of the delivery of a package clearly and visibly damaged, incomplete or containing damaged items, it is the customer's duty to refuse in order to activate the guarantee offered by the carrier. Moreover, the customer must immediately inform the publisher so that a new package can be prepared for him and shipped upon return of the damaged package. In such a case, the delivery times stated above in these general terms and conditions will no longer apply.

7. Provisions on customer rights

a)     Customer service

The publisher's customer service is available Monday to Friday from 9:00 a.m. to 7:00 p.m. at the following standard rate telephone number: +33 (0)1 45 24 77 70, by email at the following address: contact@capeandcape.com or by mail at the following address: CAPE AND CAPE, 28 rue Bayard 75008 Paris. In the latter two cases, the publisher undertakes to provide a response within 24 hours.

b)     Right of withdrawal

According to the legislation in force, customers have a period of 14 days from the date of receipt of the package to request a refund without giving any reason. When the 14-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next business day.

To exercise this right of withdrawal, the customer must notify us of his decision to withdraw by downloading the withdrawal form provided in the "CONTACT US" section and send it completed and signed to us by mail to the following address: CAPE AND CAPE, 28 rue Bayard 75008 Paris. Alternatively, the customer may notify this decision by email at contact@capeandcape.com, stating in the subject line "Request for withdrawal".

It is the customer's duty to return (at his expense) the package to the following address: CAPE AND CAPE, 28 rue Bayard 75008 Paris.

All returns must be made in full (original packaging, manuals, accessories, copy of the invoice) and returned products must be in perfect condition for resale, so they must be neither soiled nor damaged.

c)      Delay

Any delay in delivery of more than seven days may result in termination of the sale by the customer, upon written request from him, by registered letter with acknowledgment of receipt. The customer will then be refunded the amounts incurred by him for the order. This clause does not apply if the delay in delivery is due to the customer or to a force majeure event beyond the publisher's control. In such cases, the customer agrees not to exercise legal action against the site and its publisher and waives cancellation of the sale under this article.

8. Guarantee of products bought on the site

If a product purchased on this site is defective, customers have, pursuant to the provisions of the French Civil Code with regard to legal guarantee against hidden defects, a period of two years from the date of discovery of the defect of the said product to request an exchange or refund, and, under application of Article L.211-5 of the French Consumer Code, they have a period of two years from the date of receipt of the said product to request an exchange or refund, in the event that the goods delivered are not compliant within the meaning given to this word in the aforementioned article. To exercise any one of these rights, the customer must contact the publisher's customer service department.

As the hidden defect is a defect of the product which, under normal conditions of use, makes it unsuitable for the purpose for which it is intended and the obligation of conformity being understood as the handing over of the contractually agreed product, this site publisher is not responsible for normal wear and tear of the products, failure to follow their instructions for use, accidental damage or damage resulting from improper use of the products.

9. Notices relating to the French Data Protection Law of 6 January 1978

a)     General points - Purpose - Term

Users are free to provide personal information, which is not necessary for browsing the site. However, registration on this site involves the collection, by the publisher of a number of pieces of personal information about users. Users who do not want to provide the information required to create a personal space cannot place an order on the site. The collected data are necessary for the proper administration of the services offered on the site and compliance by the publisher with its contractual obligations. These data are stored by the publisher solely for this purpose, and the publisher undertakes neither to use them in another context nor to transfer them to third parties, without the express agreement of users or as provided by law. Details of all registered users on this site are stored for a maximum period of one year after the removal of the personal space, a reasonable time period required for the proper administration of the site and normal data usage. These data are kept under secure conditions, according to the current state of technology, in accordance with the provisions of the French Data Protection Law of 6 January 1978.

b)     Right to access, rectify and delete data

According to the law, users have a right to oppose, query, access and rectify the data they have provided. To do this, they need only make a request to the publisher of the site at the following email address: y.baudouin@capeandcape.com, or by mail to the publisher's head office address stated at the beginning of these general terms and conditions. Personal data collected shall be processed by computer and are exclusively reserved for the site publisher. The personal data collected are not subject to any transfer abroad. The person in charge of processing data is Baudouin Yvonnick. CNIL (French Data Protection Authority) declaration number:1763044v0.

c)      IP address

Furthermore, the publisher reserves the right to collect the IP (Internet Protocol) address of all users of the site. The collection of this IP address will be done anonymously, it will be stored for the same duration as the personal information and is only intended to be used for the proper administration of the services offered on this site. The IP address is a series of numbers separated by points allowing the unique identification of a computer on the Internet. The publisher must disclose all personal data relating to a user to the Police (upon a court requisition) or any person (upon a court order). The IP address of any computer can be reconciled with the actual identity of the subscriber held by the ISP (Internet Service Provider).

10. Notices relating to the collection of "cookies"

a)     General points - Purpose - Term

To ensure all users can browse this site optimally as well as better functioning of the various interfaces and applications, the publisher may store a cookie on the user's computer. This cookie is used to store information relating to site browsing (date, page, hours), as well as any data entered by users during their visit (searches, login, email, password). These cookies are meant to be kept on the user's computer for varying periods of up to one year and may be read and used by the publisher during a subsequent visit of the user to this site.

b)     Right to oppose the storing of cookies

The user has the ability to block, modify the storage period of or delete this cookie via the browser interface (generally: tools or options/privacy or confidentiality). In such a case, browsing on this site may not be optimised. If the systematic disabling of cookies on the user's browser prevents him from using certain services or functionality provided by the publisher, this malfunction can in no way constitute harm caused to the user who will not be entitled to any compensation therein.

c)      Deletion of cookies

Users also have the option to delete cookies previously present on their computer, by going to the menu of their browser provided for this purpose (usually tools or options/privacy or confidentiality). Such an action does not affect their browsing on this site, but causes users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their information.

11. Exemption of any liability towards the publisher during execution of this contract

If the user is unable to access the website due to technical problems of any kind, he cannot claim damages and cannot claim any compensation. The publisher shall in no case be held liable for non-performance or improper performance of the contract directly or indirectly attributable to the user or a force majeure event, within the meaning stipulated by French law. The unavailability, even for a prolonged period and without any limitation, of one or more products, cannot be constitutive of a loss to users and can in no way give rise to the awarding of damages from the site or its publisher. Visual representations of products published on this site are guaranteed by the publisher as perfectly faithful to reality, in order to meet its obligation to provide full information. However, in the current state of technology, the rendering of these representations particularly in terms of colour or form, may vary substantially from one computer to another or differ from reality depending on the quality of the graphic accessories and screen or according to the display resolution. These variations and differences may in no case be attributed to the publisher who will in no way be held liable thereto. The hyperlinks present on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current laws. Similarly, the publisher of this site cannot be held liable if the visit by the user to one of these sites has caused him a loss.

12. Intellectual property rights relating to elements published on this site

All elements forming this website are protected by legislation on intellectual property. Therefore, users acknowledge that in the absence of authorisation, any total or partial copy, circulation or use of one or more of these elements, whether or not modified, will likely lead to the user being prosecuted by the publisher or its beneficiaries. This protection will cover all textual and graphical content on the site, but also cover its structure, name and graphics charter.

13. Amendment of the general terms and conditions

These general terms and conditions may be amended at any time by the site publisher or its representative. The general terms and conditions applicable to the user are those in force on the date of the order. The publisher agrees to keep all of its former general terms and conditions and send them to any user who so requests.

14. Applicable law and jurisdiction

These general terms and conditions are subject to the application of French law and the jurisdiction of the French courts. The contract language is French.

15. Amicable settlement of disputes

Unless otherwise provided for by law, all disputes which may arise in connection with the execution of these general terms and conditions must, before any legal action is initiated, be subject to the assessment of the site publisher in view of an amicable settlement. Users are reminded that applications for amicable settlement do not suspend the time limits for bringing legal proceedings.

16. Divisibility

If any provision of these general terms and conditions were to be declared invalid by a court decision, such invalidity will not entail the invalidity of all other clauses, which will continue in full force and effect.

17. Non-waiver

The fact that neither party has taken advantage on a temporary or permanent basis of one or more provisions of these general terms and conditions will in no case constitute a waiver of taking advantage of the remaining general terms and conditions.

 


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