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GENERAL CONDITIONS OF SALE
ARTICLE 1 - DESIGNATION OF THE SELLER
FDA FRANCILIENNE DISTRIBUTION AUTOMATIQUE (FDA DISTRIBUTION)
S.A.S - simplified joint stock company
ZI portes de la forêt - 18 Allée du Clos des Charmes
77090 COLLEGIEN
Share capital: €100,000.00
Meaux Trade and Companies Register 401 289 483
Tel: 01.55.96.23.93
Mail: cpinheiro@fda-distribution.com
www.fda-cafes.com
VAT number: FR06401289483
ARTICLE 2 - FIELDS OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company FDA ("the Seller") with consumers and non-professional buyers ("Customers or the Customer") (also referred to individually as "a Party" and collectively as "the Parties") wishing to acquire the products offered for sale by the Seller ("the Products") on the website www.fda-cafes.com.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are systematically communicated to all Customers prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document.
They are accessible at any time on the website www.fda-cafes.com.
The Customer declares to have read these General Conditions of Sale and to have accepted them before placing his order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
The modifications to these General Conditions of Sale are binding on users of the website www.fda-cafes.com from the time they are posted online and cannot apply to transactions concluded previously.
ARTICLE 3 - PRODUCTS OFFERED FOR SALE
The Products offered for sale are those presented on the website www.fda-cafes.com.
The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.fda-cafes.com in the sheets products and the Seller's catalog.
The Customer is required to read it before placing any order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website www.fda-cafes.com are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. .
The Customer acknowledges and accepts that no maintenance contract is attached to the contract of sale of the Products. Consequently, the repair of malfunctions resulting from wear or abnormal use of the Product sold will not be subject to any technical intervention by the Seller and are not covered by the legal guarantees of conformity and against hidden defects ( developed in 10-1 and 10-2 hereof).
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, deletion and portability of all of their personal data by writing, by post and providing proof of their identity, to the Seller's address, mentioned above.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website www.fda-cafes.com.
ARTICLE 4 - ORDERS
4-1 . Placing the order
It is the Customer's responsibility to select the Products they wish to order on the www.fda-cafes.com website, in accordance with the following procedures:
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To purchase a product, the visitor must click on the ‘Add to basket’ button. The product is thus added to the shopping basket (which may contain other products previously added to the basket).
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From the shopping basket page, visitors click on the ‘Choose delivery’ button to move on to the next step,
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At the next stage, the visitor must sign in (in the case of a previously registered customer) or create an account (in the case of a new customer) to proceed to the next stage,
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The ‘Choose your delivery method’ step allows the identified visitor to choose their delivery method. The visitor must then click on ‘Continue to the payment stage’ to proceed to the payment stage.
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At the ‘Choose your payment method’ stage, the identified visitor obtains an encrypted summary of the order and can choose their payment method. Before validating the payment method, the visitor has the option of stopping the purchasing process and returning to the shopping basket without the order being validated.
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Depending on the payment method chosen, the buyer will be informed of the information they need to provide to validate their payment.
The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
An order is registered on the www.fda-cafes.com website when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the order. This validation implies acceptance of these General Terms and Conditions of Sale in their entirety, as well as the general terms and conditions of use of the www.fda-cafes.com website.
The sale only becomes final once the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and once the Vendor has received payment in full.
Any order placed, validated by the Customer and confirmed by the Vendor, under the terms and conditions described above, on the www.fda-cafes.com website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer expressly declares that he/she has all the necessary authorisations to use the method of payment chosen when validating his/her order. They also undertake to ensure that they are solvent before placing any order, otherwise FDA Cafés will be unable to deliver the products ordered. Furthermore, FDA Cafés cannot be held responsible in the event of embezzlement or fraudulent use of any means of payment that has not been detected by this analysis and/or verification procedure.
The Customer's bank details are therefore not in the possession of FDA Cafés at any time; it is therefore the responsibility of the bank to keep them safe and to maintain their integrity.
Once payment has been validated by the Customer on the bank's secure server, the Customer may return to the www.fda-cafes.com website or not. Once payment has been validated, FDA Cafés will send the Customer a summary of the order by e-mail, including details of the items ordered, the total price including VAT (except in the cases provided for in Article 262 ter I of the CGI), including delivery costs, and the expected delivery time.
The Customer may pay for the order by bank transfer, credit card, paypal or offline payment (in addition to invoicing by FDA Cafés).
FDA Cafés also reserves the right to suspend or cancel any order or delivery in the event of refusal to issue authorisation for payment by the financial organisations questioned according to the method of payment chosen by the Customer. Similarly, it reserves the right to refuse to accept an order or make a delivery from a Customer with whom a serious dispute is in progress.
The Customer is also advised that FDA Cafés may analyse and/or verify orders placed in order to combat fraud, and in this context reserves the right to ask the Customer for any proof it deems useful. At the end of this procedure, it reserves the right to suspend or cancel any order or delivery, even if payment has been authorised by the financial organisations concerned, in cases where this analysis and/or these checks suggest that the said order has been placed in fraud of the rights of a third party.
Credit cards accepted are : Visa and other Cartes Bleues, MasterCard, eCartebleue and Bancontact Mister cash.
The www.fda-cafes.com website is protected by a security system.
FDA Cafés has adopted the SSL encryption process but has also strengthened all the scrambling and encryption processes to protect all sensitive payment data as effectively as possible.
When a purchase is made, payment is made using the secure ‘Be2bill’ system. The Customer's bank details are encrypted and therefore totally protected against any form of piracy.
Similarly, the Customer's bank card number is never visible to and/or retained by FDA if the Customer chooses, when placing an order or directly from his account, to save a payment card for future purchases, his bank details thus remaining completely confidential.
Customers may track the progress of their orders on the www.fda-cafes.com website.
4-1.1 Gift vouchers
Features
FDA Cafés gift vouchers can be used throughout the www.fda-cafes.com website. Gift vouchers are non-transferable and must be spent on a single order. If the amount of the order is less than the amount of the gift voucher, the difference in amount will not be recoverable. Gift vouchers are not nominative and their use is the sole responsibility of the gift voucher holder. When used, the gift voucher cannot be combined with other discount codes. The voucher has a face value of 20, 30 or 50, 100, 200 or 300 euros. Gift vouchers are only valid for Customers residing in Metropolitan France.
Validity
Gift vouchers are issued by email in PDF format and are valid for one calendar year from the date of issue.
4-1.2 Vouchers
In the context of ‘gift offers’ coupled with the sale of a product offering several purchase vouchers, the latter may not be accumulated on the same order.
For example: if the Customer has 2 vouchers in the ‘gift offer’, these may only be used on 2 different orders, and may not be combined on the same future order.
The vouchers offered in this type of offer are valid for a maximum of 4 months from the date of the purchase that triggered them.
4-2 . Order cancellation
Postage costs are not reimbursed in the event of cancellation of an order after it has been dispatched (with the exception of legal guarantees of conformity or against hidden defects, as well as additional delivery costs in the event of withdrawal), and will therefore be deducted from the amount of the reimbursement made by FDA Cafés, which will take place within 14 days of cancellation. Postage costs may be fully or partially covered by FDA Cafés from time to time.
ARTICLE 5 - PRICES
The Products are supplied at the current prices appearing on the website www.fda-cafes.com, when the order is registered by the Seller. Prices are expressed in Euros, including tax.
The prices of the Products are subject to French value added tax, except in cases provided for by article 262 ter of the CGI.
The prices take into account any reductions that may be granted by the Seller on the website www.fda-cafes.com.
These prices are firm and cannot be revised during their period of validity, as indicated on the website www.fda-cafes.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website www.fda-cafes.com and calculated before placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport and delivery costs, as calculated prior to validation of the order by the Customer, are entirely his responsibility.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 6 - PAYMENT TERMS
The Products offered by the Seller are delivered to the Customer in exchange for a price.
Any sum paid in advance of the price, deposit or deposit, bears interest at the legal rate at the expiration of a period of three months from payment and until the date of delivery (article L 214- 2 of the Consumer Code).
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out in article 4-1 hereof, to suspend or cancel delivery of current orders placed by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
ARTICLE 7 - DELIVERY OF ORDERED PRODUCTS
Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, upon prior acceptance by the Customer.
7-1 Country of delivery
The Products ordered by the Customer will be delivered in mainland France. The Products ordered may also be delivered to the following countries: Martinique, Guadeloupe, Reunion, French Guiana, St-Pierre and Miquelon, Mayotte, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden and Switzerland.
In the event that the delivery address is different from the billing address, the Customer must provide these two separate addresses on the order form. It is also the Customer's responsibility to provide all information useful for delivery when ordering in order to enable carriers to proceed with the delivery. In the event of incorrect or incomplete information resulting in the carrier being unable to proceed with the delivery, a second delivery will be made after the carrier returns the goods to FDA cafés, subject to prior payment of the amount of new shipping costs by the Customer.
The choice of destination country must be made at the time of ordering. Any change of destination, resulting in the issue of specific document(s) will be charged a flat rate of €50.
7-2 Compliance
The Customer is encouraged to examine the physical condition of the package delivered by the carrier as well as its contents, in the presence of the delivery person, including when dropping off the package at the parcel relay point.
7-3 Absence
In case of absence, and depending on the carrier selected by the Customer when ordering, the latter will leave a notice in the mailbox inviting the Customer to collect the products at a given address. In case of refusal of delivery by the Customer, the latter will be reimbursed for the amount of the order less the return costs borne by FDA Cafés.
7-4 Delivery times
The availability times mentioned in the product description are expressed in working days (no shipping on Saturdays, Sundays and public holidays) and allow the Customer to estimate their expected delivery date. For example: 'IN STOCK - Shipped within 24 hours' means that the product ordered on Monday will theoretically be shipped on Tuesday and the final delivery date will depend on the selected carrier.
Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time periods specified above.
However, these deadlines are provided for information purposes only.
In the event of non-compliance with carrier deadlines, the Customer should first contact the carrier concerned to check that the products ordered are not subject to a hold.
In the event of a significant delay or difficulty in locating the products ordered, the Customer may contact the FDA cafés company, which will open an investigation in order to attempt to locate the package possibly lost by the carrier.
The Customer must contact FDA Cafés and provide all useful information that will enable it to attempt to locate the products ordered through the carrier, including the order form. The Customer may, however, be reimbursed before the carrier closes the investigation.
The resolution may be immediate if the Seller refuses to perform or if it is clear that it will not be able to deliver the Products or if the delivery deadline not respected constituted, for the Customer, an essential condition of the sale.
In the event of termination of the sale, the sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
7-6 Availability of Products
Product and price offers are valid as long as they are visible on the site.
In the specific case of definitive unavailability of one or more products, FDA Cafés will inform the Customer and offer a coherent and suitable replacement solution. Definitive unavailability may result in the cancellation and refund of the order.
In the event of temporary unavailability of a product, FDA Cafés will inform the Customer of the new deadlines applied by the suppliers and/or manufacturers of the product(s) concerned as soon as possible. If this unavailability continues excessively, FDA Cafés will endeavour to offer the Customer an equivalent product or, failing that, will cancel the order and reimburse the Customer.
ARTICLE 8 – REGULAR DELIVERY BY SUBSCRIPTION
Article 8-1 Principle
Regular FDA Cafés delivery by subscription is a subscription solution allowing any Customer domiciled in Ile-de-France to benefit from an automatic ordering system for one or more products of their choice, delivered at the frequency that suits them best: once every one, two, three, four, five or six months. The service also allows the Customer to benefit from a discount on the products concerned as long as their subscription is active. For more details, see the Service Price and Discount section. Regular FDA Cafés delivery is a non-binding service that is intended to be flexible.
The Customer is thus granted the freedom to modify, suspend or cancel his subscription at any time via his Customer area (via the "My Subscriptions" area, in "my Account"). He can freely add or remove products eligible for the subscription, increase or decrease the quantity of products concerned, adjust the frequency of delivery of these products, change his payment method, modify his delivery and/or billing address or even select a different mode of transport.
Article 8-2 Conditions of application
The regular FDA Cafés delivery by subscription, valid in IDF only, is applicable to a selection of products which are identified by the presence on the description sheet of the words “Subscribe”, instead of the usual words “Add to cart”.
Some offers on www.fda-cafes.com cannot be combined with subscription products. In addition, some commercial offers reserved for certain Customers may also generate incompatible promotional accumulations: in this case, the largest reduction will apply by default, so that the Customer can benefit from the best final rate.
Article 8-3 Price of the service and discount
FDA coffee regular delivery by subscription is a free and non-binding service. All products eligible for subscription on fda-cafes.com benefit from a 5% discount on the regular price of the item. The discount percentage is indicated on the category listings, product sheets and the payment tunnel.
This discount will be applied from the first subscription order and will be active as long as the subscription is active. However, FDA Cafés reserves the right to modify the discount percentage, which may affect the total amount of the subscription order. Price variations are guaranteed within a range of plus or minus 10% compared to the initial purchase price of the product. In all cases, upward price variations will be automatically notified to the Customer by email no later than 30 days before the scheduled delivery date of the next subscription order concerned. If the Customer does not wish to continue with the new prices offered, the Customer may terminate the subscription at any time.
Article 8-4 Delivery
All subscription orders on fda-cafes.com can only be shipped to mainland France and at the rates in effect on the fda-cafes.com website. However, any order over €150 of subscription products can benefit from free delivery, via the Colissimo® 48h Domicile service. FDA Cafés undertakes to ship automatically, based on the schedule that the Customer has defined. The Customer can at any time in the "My Subscriptions" section in "My Account" consult an estimate of the next delivery date. The delivery times given are for information purposes only: FDA Cafés cannot be held responsible in any way in the event of a later delivery than initially announced.
Article 8-5 Payment
By way of exception to the above provisions, the Customer must pay for their subscription orders by bank card only.
By choosing to save their bank card information in their Customer account, the Customer will trigger the automatic start of their subscription (i.e. payments and deliveries) at the rate they have previously selected. However, if the Customer decides not to save their bank information, FDA Cafés undertakes to send them a summary email of the upcoming order no later than 7 days before the next due date, where the Customer will be invited to enter their bank card information in their Customer account. In all cases, delivery of the subscription order is subject to successful payment in advance.
Article 8-6 Modification of information on a current subscription
The Customer may, via the "My Subscriptions" area in "My Account", modify at any time the delivery frequency, the products contained in the subscription, their quantity, the delivery and billing addresses as well as the payment method. Any change of information will apply as far as possible from the next shipment, and in any event to shipments scheduled more than seven working days after the changes made by the Customer.
Article 8-7 Termination
FDA Cafés regular delivery by subscription is a non-binding service. The Customer is therefore free to cancel this service at any time via the "My Subscriptions" area in "My Account" and without notice. Its cancellation will, as far as possible, be effective immediately, provided that the Customer has notified FDA Cafés no later than 7 working days before the scheduled shipping date of their next order.
Article 8-8 Mixed orders
Mixed orders are defined as orders containing both single delivery products (delivered only once) and subscription services. The Customer is free to make mixed orders at any time. In this case, the amount of the delivery costs will be calculated on the basis of the total amount of the basket. In addition, the payment method (credit card, check, bank transfer, etc.) may be chosen independently of the subscription payment method.
ARTICLE 9 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Products.
Irrespective of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place at the time when the Customer takes physical possession of the Products, which therefore travel at the Seller's risk, except when the Customer uses a carrier chosen by the Customer, independent of the Seller, in which case the transfer of risks takes place at the time when the Products ordered by the Seller are handed over to the carrier chosen by the Customer.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Products to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days (14 days at the most following communication of the decision to withdraw) following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on the website www.fda-cafes.com, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, free of ambiguity, expressing the desire to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The refund will be made within 14 days from the notification to the Seller of the decision to withdraw.
ARTICLE 11 - SELLER’S RESPONSIBILITY - GUARANTEE
The Products sold on the www.fda-cafes.com website comply with the regulations in force in France and their performance is compatible with non-professional use.
The Products supplied by the Vendor benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
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the legal guarantee of conformity, for Products that appear to be defective, damaged or do not correspond to the order,
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the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
11-1 . Legal guarantee of conformity
The Vendor undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the French Consumer Code.
The Vendor shall be liable for any lack of conformity that exists at the time of delivery of the Products and which appears within a period of two years from the date of delivery.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code, with the limitation period starting to run on the day the Customer becomes aware of the lack of conformity.
Defects in conformity that appear within a period of twenty-four months, or twelve months in the case of second-hand goods, from the date of delivery of the Products are, in the absence of proof to the contrary, presumed to have existed at the time of delivery.
In the event of a lack of conformity, the Customer may demand that the Products delivered be repaired or replaced or, failing this, that the price be reduced or the sale rescinded, in accordance with the legal conditions.
The Customer may also suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the Seller has fulfilled its obligations under the legal guarantee of conformity, in accordance with the conditions of articles 1219 and 1220 of the Civil Code.
It is up to the Customer to request that the Vendor bring the Products into conformity, by choosing between repair or replacement. The goods shall be brought into conformity within a period not exceeding thirty days following the Customer's request.
The repair or replacement of the non-conforming Product includes, where applicable, the removal and return of the Product and the installation of the Product brought into conformity or replaced.
Any Product brought into conformity under the legal conformity guarantee benefits from a six-month extension of this guarantee.
In the event of the replacement of a non-compliant Product where, despite the Customer's choice, the Vendor has not brought the Product into compliance, the replacement shall start a new legal compliance warranty period in favour of the Customer, with effect from the delivery of the replaced Product.
If the compliance requested is impossible or involves disproportionate costs under the conditions set out in article L 217-12 of the Consumer Code, the Seller may refuse to comply. If the conditions set out in article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue compulsory performance in kind of the solution initially requested, in accordance with articles 1221 et seq. of the Civil Code.
Finally, the Customer may demand a price reduction or the cancellation of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.
Where the lack of conformity is so serious that it justifies a price reduction or immediate cancellation of the sale, the Customer is not obliged to first request the repair or replacement of the non-compliant Product.
The reduction in price is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.
If the sale is cancelled, the Customer shall be reimbursed the price paid in return for the return of the non-conforming Products to the Vendor, at the latter's expense.
The refund will be made upon receipt of the non-conforming Product or proof of its return by the Customer, and at the latest within the following fourteen days, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.
The foregoing provisions are without prejudice to the possible award of damages to the Customer for the loss suffered by the latter as a result of the lack of conformity.
11-2 . Legal warranty against hidden defects
The Seller is liable for hidden defects under the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
The Customer may decide to invoke the warranty against hidden defects in the Products in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.
11-3 . Exclusion of guarantees
The Vendor may not be held liable in the following cases :
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non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check before placing their order,
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in the case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
Provisions of article D 211-2 of the French Consumer Code concerning the legal guarantees of conformity and hidden defects :
Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. The legal guarantee of conformity requires the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him. If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension to the initial guarantee.
If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
1° The trader refuses to repair or replace the goods ;
2° The goods are repaired or replaced after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand. The consumer does not have the right to rescind the contract if the lack of conformity is minor.
Any period during which the goods are immobilised with a view to their repair or replacement suspends the warranty which was in force until the delivery of the repaired goods. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.
ARTICLE 12 - PROTECTION OF PERSONAL DATA
In accordance with the General Data Protection Regulation 2016/679 of 27 April 2016, FDA Cafés sets up a personal data processing system for the purpose of selling and delivering the products and services defined in these General Terms and Conditions.
Minimal data relating to the Customer's civil status and contact details are essential for the delivery of the order and the preparation of the invoice (full name, billing and delivery details, telephone number) as well as for any checks carried out to combat fraud. Refusal to provide other data, not essential to the order, has no consequences for the Customer.
FDA Cafés informs the Customer of:
the identity of the person responsible for processing their data: FDA Cafés, whose contact details are indicated in the preamble to these General Terms and Conditions;
the contact details of its data protection officer: Mrs. Pinheiro Cindy
o By post: FDA Cafés SAS - ZI portes de la forêt - 18 allée du clos des charmes, 77090 collégien
o By e-mail: contact@fda-distribution.com
the legal basis for the processing carried out: contractual performance, compliance with a legal obligation, legitimate interest or consent;
the recipients or categories of recipients of the personal data: the data controller and its internal departments, its technical, logistics, customer relations, after-sales service, marketing, recruitment subcontractors, its partners, as well as any authority legally authorized to access the personal data in question;
the data retention period: the data necessary for order management and invoicing are kept for three years from the Customer's last order, the invoicing data are kept for 10 years in accordance with Article L.123-22 of the French Commercial Code.
The Customer has the right to ask FDA Cafés for access to their personal data, the rectification or deletion of these, a limitation of their processing, the right to object to their processing and the right to their portability. The Customer has the right to lodge a complaint with a supervisory authority.
All requests for clarification concerning personal data and/or the purpose of the processing implemented, as well as the exercise of the rights of access, rectification and opposition will be made by email.
List of opposition to telephone canvassing: In accordance with articles L.223-1 and following of the Consumer Code, if the Customer no longer wishes to be canvassed by telephone on the number that he had communicated to the company, he can register this telephone number at any time on the list of opposition to telephone canvassing by Internet on the site www.bloctel.gouv.fr
For detailed information, the Customer is invited to consult the legal notices of FDA Cafés.
ARTICLE 13 - INTELLECTUAL PROPERTY
The content of the website www.fda-cafes.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 14 - UNFORESEEN EVENTS
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
ARTICLE 15 - FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
In particular, the occurrence of restrictions resulting from the Covid 19 epidemic or another epidemic (e.g. administrative police measures, confinement, curfew) as well as a revolution, war, demonstration disrupting production or commercial exchanges in Europe is considered to be a case of force majeure.
This list is not exhaustive.
If the case of force majeure lasts for more than 3 months, either party may terminate the contract without notice by registered letter with acknowledgement of receipt, without such termination being deemed to be in breach of contract.
ARTICLE 16 - TERMINATION TERMS
It is recalled that, in accordance with the legal provisions, termination of the contract by electronic means is possible when the contract has been concluded electronically or, when on the day of termination the Seller offers Customers the possibility of concluding contracts electronically.
For this purpose, a free functionality is made available to the Customer, allowing him to complete, electronically, the notification and all the steps necessary for the termination of the contract, of which the Seller must acknowledge receipt by informing the Customer, on a durable medium and within a reasonable time, of the date on which the contract ends and the effects of the termination.
ARTICLE 17 - APPLICABLE LAW - LANGUAGE
These General Conditions of Sale and the operations resulting from them are governed by 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 authentic in the event of a dispute.
ARTICLE 18 - LITIGATIONS
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
When the Customer has sent a written complaint to the Seller that he has not obtained satisfaction, the latter is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, art. L 612-1) or with existing sectoral mediation bodies, whose references appear on the website www.fda-cafes.com or to any alternative method of dispute resolution (conciliation, for example example) in the event of a dispute.
The contact details and procedures for contacting the mediator are as follows:
MEDIATION-NET - www.mediation-net-consommation.com - or by mail MEDIATION-NET Consommation - 34, rue des Epinettes - 75017 PARIS..
If the dispute must be brought before the courts, it is recalled that in application of article L 141-5 of the Consumer Code: the consumer may refer the matter at his choice, in addition to one of the territorially competent courts under the code of civil procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes. between consumers and professionals in the European Union (ec.europa.eu/consumers/odr).
ARTICLE 19 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed by the Seller in a readable and comprehensive manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of the article L 221-5 of the Consumer Code:
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on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the liability of the Seller. The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
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on the price of the Products and related costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
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on the terms of payment, delivery and execution of the sales contract
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in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
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on the identity of the Seller and all of his contact details;
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on the existence and terms of implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and, where applicable, on after-sales service;
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on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code
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on the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the terms of termination, the handling of complaints and other important contractual conditions and, where applicable, on the costs of the use of remote communication technology, the existence of codes of good conduct and financial deposits and guarantees;
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on the accepted means of payment.
The fact for a Customer of ordering on the website www.fda-cafes.com implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ANNEX 1 - WITHDRAWAL FORMv
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.fda-cafes.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of
The company FDA FRANCILIENNE AUTOMATIC DISTRIBUTION (FDA DISTRIBUTION)
SAS – simplified joint stock company
ZI forest gates - 18 Allée du Clos des Charmes
77090 COLLEGIEN
Share capital: €100,000.00
RCS Meaux 401 289 483
Tel: 01.55.96.23.93
Email: cpinheiro@fda-distribution.com
www.fda-cafes.com
VAT number: FR06401289483
I hereby notify the withdrawal of the contract relating to the order of products below:
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Ordered on ....... / Received on .........
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Order number: ................................................................
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Customer Name: ................................................................................
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Customer Address: .......................................................................
Signature of the Client (only if this form is notified on paper):
Date : .................................