Home
General Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1: Preamble
The company EKITA CAFE, SARL with a capital of 15,400 euros, registered with the CRETEIL Trade and Companies Register under number 487844912 and whose registered office is located at 16 rue Christophe Colomb, 94370 Sucy en Brie, publishes the website located at the following address: www.ekita-cafe.com. Through this website, it offers for sale various products that Internet users, natural or legal persons, can acquire, in particular through a secure online payment procedure implemented and managed by the banking institutions whose services it has used. EKITA CAFE uses service providers to enable the delivery of the products ordered by the customer via the aforementioned site, in accordance with the terms and conditions indicated on the site at the time of the order. The www.ekitacafe.com website is produced in French, as are all the steps, electronic or not, necessary for the customer to validate his order.

 

Article 2: Application

These general terms and conditions apply to any sale of products presented on the www.ekita-cafe.com website. Any order placed with EKITA CAFE therefore entails unreserved acceptance of these conditions. Only the purchaser may avail himself of these terms and conditions, and in particular the provisions relating to the warranty. These general terms and conditions may be modified at any time and without notice by EKITA CAFE, the modifications being then applicable only to orders placed after their implementation date. These general terms and conditions of sale are permanently accessible through the www.ekita-cafe.com website in computer formats that allow them to be printed and/or downloaded, so that the customer can reproduce or save them.

 

Article 3: Products

 

3.1: Prices

Prices are displayed in euros including all taxes, and excluding shipping costs. They are subject to French value added tax (except in the cases provided for in Article 262 ter I of the French Tax Code and/or intended for certain customers due to their geographical location), and any change in the legal rate of this tax will be reflected in the price of the products presented on the ekita-cafe.com site on the date stipulated by the applicable legislative or regulatory text. The prices in force are those displayed at the time of registration of the customer's order and are subject to change at any time, in particular due to variations in suppliers' prices, an introductory offer, promotions or sales.

 

3.2: Shipping costs


Fees are subject to separate calculation and reporting and are invoiced according to the non-shipping amount of the order, the delivery method and the country of destination. Participation The shipping costs vary according to the delivery method selected by the customer when placing their order and the amount is indicated before the payment of the order. EKITA CAFE reserves the right to contribute to the shipping costs in whole or in part on an ad hoc basis.

 

3.3: Availability

Product and price offers are valid as long as they are visible on the site. The availability times mentioned in the product description are expressed in working days (no shipping on Saturdays, Sundays and public holidays). Availability times allow the customer to estimate their delivery date.

 

For example, the mention 'IN STOCK' means that the product will be shipped 24 working hours after receipt of the order and its payment on the same day before 9:00 am.
Example 1: An order placed and paid for on Sunday at 22:00 will be considered received on Monday and will be shipped on Tuesday.
Example 2: An order placed and paid for on Thursday at 14:00 is deemed to have been received on Friday and will be shipped the following Monday.

 

The final delivery date depends on the mode of transport selected by the customer when placing the order. The customer will then be told the usual delivery times for each delivery method so that the customer can make an informed choice. However, EKITA CAFE reserves the right to offer only one or more delivery methods depending on the amount of the order, the place of delivery or the type of items.


In the event of permanent unavailability, EKITA CAFE will inform the customer to make a suitable proposal. Permanent unavailability does not give rise to any right to compensation or damages in favour of the customer, but it may lead to the cancellation and refund of the order.

 

In the event of temporary unavailability of a product, EKITA CAFE will inform the customer of the new deadlines applied by the suppliers and/or manufacturers of the product concerned as soon as possible. If this unavailability is excessively prolonged, EKITA CAFE will do its best to offer the customer an equivalent product or, failing that, will cancel the order and refund the customer.

 

3.4: Photographs of the products
The photographs of the articles of the products visible on the site have no contractual value and are intended solely to illustrate the descriptive text. EKITA CAFE rejects all responsibility in the event that a specific product does not conform in all respects to the photograph posted online.

 

3.5: Compliance
The products offered for sale by EKITA CAFE comply with the standards applicable in the European Union. The customer is the sole judge of the compatibility of the products ordered with the equipment already in his possession. The total or partial impossibility of using the equipment ordered by the customer can in no way give rise to any refund or compensation from EKITA CAFE.

 

Article 4: Conclusion of the contract

In any case, the contract of sale is deemed to have been concluded using the following means of payment:
-payment card, bank transfer and direct debit: on the date of credit of the account of the company EKITA CAFE;
- Cheque: 14 calendar days after the cheque has been credited to the account of the company EKITA CAFE;
- other means of payment: on the date of credit of the account of the company EKITA CAFE.

 

4.1: Ordering

The products for sale are presented on the www.ekita-cafe.com website and accompanied by a description. The customer wishing to purchase one of these products can click on its graphic representation and see the product details. This product is added to the customer's 'shopping cart' which already contains, if applicable, other 'items' that the customer wishes to purchase and that have previously been placed in the customer's 'shopping cart'. When the customer wants to finalize his order, he can click on the button 'Confirm my order with payment obligation' which appears in his 'shopping cart'. He is then directed to a page offering a summary of all the 'articles' to be included in his order, and at this stage he has the possibility to delete some of the selected 'articles' himself. The customer also has the option of cancelling the procedure, and returning to his 'shopping cart' without the order being validated. If the 'order summary' containing the prices of the products and the delivery costs as announced elsewhere on the site www.ekita-cafe.com satisfactory him, the customer can enter his delivery and billing details and then click on the link of the payment method of his choice in order to be directed to the secure server of the said bank in order to proceed with the payment in a secure manner. The customer's bank details are therefore not in the possession of EKITA CAFE at any time; Their conservation and the maintenance of their integrity is therefore the responsibility of the banking institution. Once the payment has been validated by the customer on the bank's secure server, he has the option of returning to the site ww.ekita-cafe.com or not. Once the payment has been validated, EKITA CAFE sends the customer a summary of his order by e-mail, including the details of the items ordered, the total price including VAT (except in the cases provided for in Article 262 ter I of the French Tax Code) including the amount of the delivery costs, and the estimated delivery times. The bank selected by the customer will send a payment confirmation by email in the case of a cash payment.
The desire to acquire goods and services from EKITA CAFE per customer may also take the form of signing a quote or an order form outside the ordering process on our website.

 

4.2: Payment

a) The customer expressly declares that he or she has all the necessary authorisations for the use of the payment method he or she has chosen when validating his or her order. He also undertakes to ensure his solvency before any order, as EKITA CAFE is unable to deliver the products ordered. EKITA CAFE also reserves the right to suspend or cancel any order or delivery in the event of refusal to issue a payment authorisation by the financial institutions surveyed depending on the payment method chosen by the customer. Similarly, it reserves the possibility of refusing to take into account an order or to make a delivery from a customer with whom a dispute is pending. The customer is also informed that EKITA CAFE may analyze and/or verify the orders placed in order to combat fraud, and in this context reserves the right to ask the customer for any supporting documents it deems useful. At the end of this procedure, it reserves the right to suspend or cancel any order or delivery, even in the event of a payment authorisation issued by the financial institutions concerned, in cases where such analysis and/or verification would suggest that the said order has been placed in fraud of the rights of a third party. Furthermore, it cannot bear any liability 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. Any means of payment intended for EKITA CAFE, which would generate fees from the banking institutions in the event of their rejection, will be passed on and invoiced and paid by the customer without the latter being able to oppose it and before the departure of his order. Cancellation or return of the order does not entitle you to request a refund of these rejection fees. EKITA CAFE undertakes not to keep its customers' bank details in any database.
The customer can consult the invoice issued for his order at any time in his customer area. The request for the invoice to be sent by post will be invoiced at 5 euros excluding tax payable before the mail is sent.
b) EKITA CAFE may grant a payment deferral to each order at its discretion, in particular in the context of payment by cheque, bank transfer, draft, negotiable instrument or administrative order form.
Payment is made only after actual payment of the full price, the delivery of the draft or any other instrument creating an obligation to pay does not constitute payment.
Each invoice shows the due date of the payment. The customer may not under any circumstances invoke his own terms of purchase to modify or extend the due date of the invoice.
On the due date indicated on the invoice, the customer must pay his invoice according to the chosen payment method.
Any failure to pay will give rise to reminders invoiced individually according to the following scale excluding taxes:
-1st reminder offered,
-2nd reminder: 40 euros excluding taxes,
-3rd reminder: 60 euros excluding taxes,
-transfer of the Litigation file to an external firm: 80 euros excluding taxes.
In the event of a banking incident caused by the customer, a fixed compensation of 20 euros excluding tax for bank and management fees is immediately payable.
Failure by the customer to pay a single instalment on a single date shall result in the suspension of deliveries of goods and/or the performance of services by EKITA CAFE even within the framework of a regular commercial contract.

4.3: Promotional voucher for customers

EKITA CAFE issues 'promotional vouchers' to its customers with the aim of providing a service, an advantage, a gift or a prize.

The benefit of each 'voucher' is clearly defined at the time of delivery of the voucher to the customer, in its nature, quality, amount and duration; and will vary according to the order amount, the type of product, the delivery method and any other parameters that EKITA CAFE deems appropriate to use.

 

Article 5: Delivery

 

5.1: Information

The products are delivered to the delivery address provided by the customer when ordering online or offline. In the event that the delivery address is different from the billing address, the customer must provide these two separate addresses in the purchase order. It is also the responsibility of the customer to provide all the information useful for delivery, when ordering, in order to allow the carriers to proceed with the delivery. In the event of incorrect or incomplete information that has made it impossible for the carrier to make the delivery, a second delivery will be made after the carrier has returned the goods to EKITA CAFE, subject to the prior payment of the amount of new shipping costs by the customer.

 

5.2: Delivery - Complaint


The customer must conduct a physical condition examination of the package delivered by the and an examination of its contents, in the presence of the delivery person, including when the package is dropped off at a third party remitter. All any anomaly found in any of these titles must imperatively be the subject of handwritten reservations on the delivery note of the carrier; These reservations must be explained, detailed, dated and signed by the customer in order to avoid any dispute. The client must keep a copy of these reserves and send a copy to the EKITA CAFE company within 48 hours in order to assert these rights. No may not be registered in the absence of reservations made during the delivery. In case of absence, and depending on the delivery method selected by the customer when placing his order, he leaves a notice of passage in the Mailbox inviting him to collect the products at a given address.

 

5.3: Delay – Loss

In the event of non-compliance with the delivery times indicated at the time of ordering, 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 delay in delivery of more than 5 working days from the delivery date specified by EKITA CAFE, the customer may contact EKITA CAFE which will open an investigation in order to answer the customer's questions on the remaining delivery time and place. The customer must contact us by email and provide all useful information to enable him to try to locate the products ordered through the carrier, and in particular the order form. In such a case, EKITA CAFE is dependent on the deadlines imposed by the carriers concerning the declaration of loss and the refund of the shipment. These times may vary depending on the carrier. No refund from the customer can therefore be made before the carrier has declared the products ordered to have been lost, at the end of its investigation. As soon as the carrier has made the declaration of loss, EKITA CAFE will proceed to reimburse the customer.

 

Article 6: Right of withdrawal

Pursuant to the provisions of Articles L 121-16 et seq. of the Consumer Code, the customer has a withdrawal period allowing him to renounce his purchase within a period of 14 calendar days from the first submission or date delivery point to collection point. He must first declare his intention to return the parcel as part of the exercise of his right of withdrawal by contacting us here. The products must not have been used, they must be returned to the company EKITA CAFE, under his responsibility, in perfect condition in their original packaging and showing no trace of shock, dysfunction. Under subject to compliance with the above provisions, EKITA CAFE will proceed the refund of the products ordered for the amount shown on the voucher order within 14 calendar days of receipt of the products. No refund can be made if the products are not in their original packaging, which must be perfectly intact. Pursuant to the Articles L 121-16 et seq. of the Consumer Code, professionals may not can neither claim the right of withdrawal nor the "satisfied or reimbursed".

Article 7: Returns

The return is made after obtaining a return number requested via this contact form and after have explained his reason. The customer has 14 calendar days from receipt of the package to make a request. The return number will be valid for 14 calendar days following their request. Only returns of perfectly intact products are accepted (with the exception of , returns due to product malfunction or fracture). None Return of an item cannot be accepted without prior request and agreement by email. The risks return transport are entirely at the expense of the sender, and he must It is therefore up to the public to take all necessary steps as to the security of the route, in particular by ensuring its sending. All Product return for a product that is not properly packaged the packaging has been opened or which, after examination, is not found to be defective, cannot be accepted. It will then be up to the sender of the Pick up your parcel at your own expense. Food items cannot be subject to a return request. Products prepared specifically according to the customer's request (e.g. ground coffee with grind on demand) cannot be returned or exchanged.

Article 8: Reimbursement of the costs of returning a product
a) The costs return transport costs are the responsibility of EKITA CAFE in the following cases:
-for an error in order preparation
-a defective product or a breakdown during unpacking

b) The return transport costs are to be borne by the customer within The following cases:
-if the delivery address is incorrect or incomplete and prevents delivery
-if the customer has not picked up his order at the collection point within the given
storage period-if the product does not suit the customer (in this case a contribution of €5 including VAT will be deducted from the amount that must be reimbursed)

The outward transport costs are not refunded.
However, the return costs are reimbursed on the basis of the cost of a normal delivery with our So Colissimo La Poste or Ici Relais services. A delivery requiring a special service (express such as Chronopost) at the higher price will be subject to a discount when repaid.

 

Article 9: Guarantees

The products are guaranteed by their manufacturers for the duration and according to the terms and conditions indicated on the description of the products appearing on the ekita-cafe.com website and/or on the warranty voucher that may be attached to the products at the time of delivery. In the event of a defective product, the customer must return it in accordance with the conditions set out in Article 7 of these general terms and conditions. The customer has 14 calendar days to return the product to us, otherwise the notion of 'failure on first use' cannot be retained. No warranty returns will be possible beyond the warranty period offered by the manufacturer on the products concerned. The costs and risks associated with the return of the defective product are borne by the customer unless the return takes place within 14 days of the date of the order. EKITA CAFE cannot commit to any processing time for the return of defective products insofar as the after-sales service operations are carried out by the manufacturer of the products concerned. The warranty of defective products is subject to the full payment of their price by the customer. Malfunctions caused by misuse of the product or by an external cause (such as an electrical overvoltage) cannot give rise to a warranty. The provisions of this Article shall not deprive the customer of the legal warranty described in Article L 211-1 of the Consumer Code.

 

List of exclusions from coverage:

-Breakage
-Normal wear parts such as: seals, filters, cartridges, hoses, grids..
- the user's negligence with regard to the maintenance of the equipment (e.g. failure to change the anti-limescale filter cartridges and to descale the coffee machines)

-breakdowns relating to accessories-failures
due to corrosion or oxidation-damage
caused by external causes (flood, lightning, storm, etc.)
-breakdowns, damages, failures, defects due to insufficient maintenance or the intervention of a person other than a technician approved by the brand-defects
and their consequences related to misuse (it is imperative to read the user manual and in particular the instructions for commissioning)
-makeshift or temporary
repairs-premature wear due to use beyond the manufacturer's recommendation or for professional
purposes-poor appreciation of the technical characteristics and description of the product-use
of a product other than the one initially intended by the manufacturer

 
Article 10: Lowest
price guarantee During the 7 calendar days following the date of ordering a product on our website, you have the right to request a refund of the difference if you notice a price drop (excluding promotions, sales and for a product sold under the same commercial price conditions, of services and gifts offered). The customer must send his invoice by email specifying the product concerned. EKITA CAFE will verify the prices of the product concerned and; either justify the price difference by a difference in services or refund the difference to the customer within 14 calendar days.

Article 11: Retention of title

The transfer of ownership of the products delivered to the customer only takes place after full payment of their price and its accessories by the customer. During the period elapsing until full payment of the price and its accessories:
-the risks of loss, theft or destruction and the insurance of the goods are at the expense of the customer;
-EKITA CAFE remains the owner of all products and accessories.
The customer may continue to use and sell the goods and merchandise supplied by EKITA CAFE, provided that he must keep EKITA CAFE's share of the sums received until full payment of the price at the end of the term indicated on his invoice.
EKITA CAFE reserves the right to claim any property or merchandise in the event of non-payment of a single instalment or in the event of bankruptcy proceedings, cessation of payments, judicial liquidation, receivership or any of the procedures provided for in the French law on the recovery and judicial liquidation of companies. In the various cases mentioned above, the customer is prohibited from continuing the sale and use of the goods and merchandise supplied by EKITA CAFE unless expressly agreed in writing by us.
In the event of non-payment of a single instalment, EKITA CAFE is entitled to claim any goods or merchandise, then the customer undertakes to return them, All costs to be borne by the customer, upon our first request.
In the event of deterioration or obsolescence within 3 working days of receipt of the goods and merchandise collected from the customer, EKITA CAFE is entitled to claim repair costs from its customer.
In addition, EKITA CAFE may also claim in the hands of sub-purchasers, and/or subsidiaries; the price or part of the price of the goods and merchandise with retention of title clause that has not been paid.

 

Article 12: Personal data

In accordance with the law of 6 January 1978 amended by the law of 6 August 2004, Internet users have the right to access and rectify personal data concerning them. This data is provided only for the purpose of delivering the products ordered through the website, by fax, telephone or post. They are mandatory for the processing of their order and any checks carried out to combat fraud. If optional data is collected, the customer will be notified of this optional nature. The customer is informed that the refusal to provide mandatory data will result in the impossibility of delivering the products he or she wishes to order. He is also informed of the fact that as part of the verification of the information provided at the time of his order, the data may be transmitted to third parties for the sole purpose of verification. The customer has the option of opposing the possible transfer of personal data concerning him to a third party, except for third parties responsible for verifying the mandatory data provided at the time of the order, it being specified that this opposition may result in the impossibility of processing his order. The creation of a customer account on ekita-cafe.com entails the customer's acceptance to occasionally receive promotional offers from EKITA CAFE only, it being specified that each shipment will contain an unsubscribe link allowing him or her to no longer receive these promotional offers at any time. Information on the installation of "cookies" intended to enable and/or facilitate the placing of online orders is available on the ekita-cafe.com website. All requests for clarification regarding the 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 (use this contact form).

 

Article 13: Force majeure

Initially, cases of force majeure will suspend the performance of the contract. If the Force Majeure Cases last longer than three months, this Agreement shall be terminated automatically, unless otherwise agreed by the parties. Cases of force majeure or fortuitous events are expressly considered to be those usually held by the case law of the French Courts and Tribunals: total or partial strikes, internal or external to the company, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, etc. governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failures, telecommunications blockage and any other case beyond the express control of the parties that prevent the normal performance of this Agreement.

 

Article 14: Nullity - Tolerance

In the event that one or more of the provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or following a decision of a competent court that has become final, the other provisions shall retain their full force or scope. The fact that EKITA CAFE or the customer does not invoke a breach of one of the obligations arising from these general terms and conditions or tolerates a situation does not have the effect of granting the other party acquired rights. Such tolerance can in no way be interpreted as a waiver of the rights in question.

 

Article 15: Applicable law - Dispute

These general terms and conditions of sale are subject to French law. In the event of a dispute, the Commercial Court of the department of the registered office of the company EKITA CAFE will be the only competent court. The client accepts this assignment of jurisdiction without any restriction or qualification.