This translation is indicative, for the original version of the legal notices and the general conditions, the French texts available in the French version of the site should be used. You can change the language at the top left of the site.
We inform you that this website www.alternative.cafe is the exclusive property of ALTERNATIVE CAFE, a Société par Actions Simplifiée with a capital of 10,000 euros, registered in the Register of Commerce and Companies of Paris under the number 845 180 165, whose intra-community VAT number is FR83845180165 and whose head office is located 12 Place de la Bastille F-75011 Paris.
ALTERNATIVE CAFE strives to keep the site www.alternative.cafe accessible without any obligation to do so. Access to the site may be interrupted for maintenance, updating, or other technical reasons.
Editor : Mr Quentin Rouyer.
The site is hosted by the company OVH SAS (2 rue Kellermann, 59100 Roubaix, France), www.ovh.com
These terms of sale are concluded on the one hand by the company Alternative Café SAS with a capital of 10,000 euros whose head office is located 12 Place de la Bastille, 75011 Paris, registered in the Register of Commerce and Companies of Paris under the number 845 180 165, below called “ALTERNATIVE CAFE”, and managing the website www.alternative.cafe and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.alternative.cafe, referred to as the “buyer”.
Article 1. OBJECT
These terms of sale are intended to define the contractual relationship between ALTERNATIVE CAFE and the buyer and the terms applicable to any purchase made or subscribed through the website www.alternative.cafe.
The acquisition of a product or subscription through this site implies an unqualified acceptance by the buyer of these terms of sale, which the buyer acknowledges having read before his order, by checking the box “I have read the terms and conditions of sale and I fully adhere to them.”
Before any transaction, the purchaser declares on the one hand that the purchase of products on the website www.alternative.cafe is unrelated to his professional activity (within the meaning of the French Code de la Consommation), and is limited to strictly personal use, and, on the other hand, to have full legal capacity, allowing him/her to commit under these terms and conditions.
These Terms and Conditions are available at any time on the website www.alternative.cafe and outweigh any other version or other conflicting document, except contractually expressly provided. ALTERNATIVE CAFE retains the ability to modify these sales conditions at any time, in order to comply with any new regulations or with the aim of improving the use of the site. As a result, the applicable conditions will be those in effect on the date of the purchaser’s order. In the event of an ongoing subscription, ALTERNATIVE CAFE will notify the buyer and the new Terms of Sale will not apply until the month following the change.
In the absence of agreement with the amended General Terms of Sale, the buyer is advised to refrain from using the services of the website www.alternative.cafe and/or to cancel his subscription.
Article 2. PRODUCTS
The products offered are those listed on the website www.alternative.cafe of the company ALTERNATIVE CAFE, within the limit of available stocks. ALTERNATIVE CAFE reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description containing its technical characteristics (format, packaging, origin…).
The photographs are as faithful as possible but do not engage ALTERNATIVE CAFE and have no contractual value.
The sale of the products presented in the website www.alternative.cafe is intended for all buyers residing in countries that fully authorize the entry into their territory of these products and are part of the available geographical area. The geographical area available on www.alternative.cafe consists of France, Belgium, Luxembourg, Spain, the Netherlands, Germany, the United Kingdom, Italy, Portugal, Austria, Switzerland, Denmark, Estonia, Lithuania, Latvia, Finland, Greece, Hungary, Sweden, Ireland, Iceland, Norway.
In the event of a permanent unavailability of one or more products ordered, including through periodic subscriptions, ALTERNATIVE CAFE undertakes to inform the buyer as soon as possible. The buyer may then request the replacement of the unavailable product or products by one or more products of an equivalent quality and price (the assessment of equivalent quality remains the sole responsibility of ALTERNATIVE CAFE), or obtaining an asset from the company ALTERNATIVE CAFE corresponding to the amount of the order or the amount of the subscription concerned, or the refund of the amount debited to his account, this refund takes place within thirty (30) days of receipt of the refund request.
Article 3. RATES
The prices on the product sheets of the Internet catalogue are prices in Euros, or British Pound, all taxes included (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products and cause the VAT to change.
ALTERNATIVE CAFE reserves the right to change its prices at any time, however, with the understanding that the price listed on the day of the order will be the only one applicable to the buyer.
The prices shown do not include the delivery fee, charged in addition to the price of the products purchased according to the total amount of the order. These fees are calculated based on the weight of the package, the carrier and the geographical location selected by the buyer.
Only the rate in effect at the time of purchase is applicable. In other words, if the buyer later sees a promotion on a product, he will not be able to benefit retroactively.
The price of the periodic subscription is the one shown on the site. A five-percent reduction (%) is automatically applied to the single-purchase product price. This price is all taxes included and excluding transport costs (the shipping costs being shown separately and added to the amount of the periodic subscription, on the purchase order as on the invoice).
Deliveries outside the European Union for any order or subscription subscribed on the site may be subject to possible taxes and/or customs duties that are imposed when the parcel reaches its destination. These customs duties and/or any taxes related to the delivery of the products are the responsibility of the purchaser. ALTERNATIVE CAFE is not required to verify and inform the purchaser of applicable customs duties and taxes. To get to know them, ALTERNATIVE CAFE advises buyers to check with the relevant authorities in their country.
Article 4. ORDER AND PAYMENT TERMS
Before any order, the buyer must create an account on the website www.alternative.cafe and provide the information requested, especially his personal data, which is the subject of a specific processing as stated below. The account creation section can be accessed directly from the top menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, personal information, addresses, assets, discounts, current subscriptions, alerts…), will have to identify himself using this information. Only one account per individual (same name, same first name, same email address) will be admitted. The buyer has access to his account through an identifier (e-mail address) and a password that he informed himself at the time of the creation of his account. The buyer is solely responsible for the use of these identifications, he is obliged to keep them secret.
The information that the buyer records when taking the order commits him/her: in the event of an error in the entry of the email address concerned, or in the event of an error in the wording of its contact details, the company ALTERNATIVE CAFE cannot be held responsible for the non-receipt of the confirmation email and/or the resulting delivery difficulties. It is therefore up to the buyer to change any change of contact information at any time and as soon as possible via his account accessible on the site in the “my account” section.
ALTERNATIVE CAFE will be able to verify at any time the compliance of the information provided by the buyer and, if so, if this information appears to be incorrect and/or misleading, may request the disclosure of additional or corrected information. In the event of erroneous or misleading information, ALTERNATIVE CAFE reserves the possibility, as of right, to suspend or sever any contractual relationship with the buyer and/or to suspend the buyer’s access to his account.
ALTERNATIVE CAFE offers the buyer to order and pay for its products in several stages, with two payment options to choose from: payment by credit card (via the Stripe system) or payment by PayPal.
In both cases: the buyer selects the products he wants to order and moves them in the “basket”, changes them if necessary (quantities, references, frequencies…), checks the delivery address or informs a new one. He then chooses the delivery method he wants, the shipping costs being calculated and submitted to the buyer, as well as the name of the carrier. The buyer then chooses the payment method of their choice: “Pay by credit card,” or “Pay by PayPal.” A summary of his order is then submitted to the buyer, which he must validate before finally making his order
Payment by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the sums paid will then be re-credited or returned. The liability of the credit card holder is not incurred if the disputed payment was proven to have been made fraudulently, remotely, without the physical use of his card. In order to obtain a refund of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the debit from his bank, within 70 days of the transaction, or even 120 days if the contract binding him to it provides for it, according to the terms provided by his bank in such a case.
In order to optimize transaction security, any payment made by credit card on the website www.alternative.cafe is made via the secure online payment system Stripe offered by Stripe Inc., the card numbers being encrypted on disk with AES-256.
Confirmation of an order results in acceptance of these terms and conditions of sale, recognition of full knowledge of them and the renouncement of its own terms of purchase. All the data provided and the confirmed confirmation will be worth proof of the transaction. The buyer who has provided an email address when creating his account, the company ALTERNATIVE CAFE will communicate by email the confirmation of the registration of his order.
An invoice detailing the contents, the price of the order and the details of the taxes will also be sent to the buyer at the same time as their shipping confirmation.
In all cases where the buyer has not paid the invoice at the fixed deadline, a lump sum payment of 50 euros will be due for the collection costs. If the collection costs are higher than this allowance (especially in the case of sending many letters), an additional compensation will be due by the buyer.
If the buyer wishes to contact ALTERNATIVE CAFE, he can do so either by mail at: ALTERNATIVE CAFE SAS, 12 Place de la Bastille, F-75011 Paris, or by email at firstname.lastname@example.org
Article 5. SUSCRIPTION
ALTERNATIVE CAFE offers the buyer the option, in addition to the one-time purchase, to subscribe to the following services:
The buyer can suspend his periodic subscription at any time.
The buyer may terminate his periodic subscription after a minimum period of one (1) month. The buyer wishing to terminate his subscription must notify the company ALTERNATIVE CAFE before the last day of the current month, either by mail to the following address: ALTERNATIVE CAFE SAS, 12 Place de la Bastille, F-75011 Paris, or by email at: email@example.com, or using the features provided for this purpose on the website www.alternative.cafe. The subscription will then end on the last day of the current month.
In the absence of termination of its periodic subscription, the buyer is informed that a debit will take place at the next occurrence via an email sent to each shipment of his periodic subscription.
The first occurrence of a periodic subscription is paid by the buyer on the day of the order. The second occurrence (after renewal) and the subsequent ones are deducted from the buyer’s account via a debit on the bank card.
ALTERNATIVE CAFE will make its best efforts to ensure that deliveries under a periodic subscription are received by the buyer within four (4) working days (with the understanding that this period may be shorter) depending on the chosen date (the 1st of the month and/or the 15th of the month), this period is not applicable to possible deliveries outside Metropolitan France.
The buyer can change the payment card of his periodic subscription at any time using the features of the site provided for this purpose on the website www.alternative.cafe. The changes will be applied from the first shipment following the buyer’s request.
For any subscription to the “discovery box” subscribed before the fifteen (15) of the current month, the buyer will receive the coffees selected by the company ALTERNATIVE CAFE during the current month. For any subscription to the “discovery box” subscribes to the sixteen (16) of the current month or later, the buyer will receive the coffees selected by the company ALTERNATIVE CAFE the month after the subscription.
For any order for a fixed-term subscription, the payment will be made in full at the time of the order. Once the order has been validated and the price debited, an invoice will be issued by the company ALTERNATIVE CAFE and sent by email to the buyer.
The “discovery box” will be shipped from the fifteenth (15) of each month. ALTERNATIVE CAFE will make its best efforts to ensure that deliveries are received by buyers before the twenty-five (25) of each month, this period is not applicable to possible deliveries outside metropolitan France.
Article 6. PROPERTY RESERVE
ALTERNATIVE CAFE retains full ownership of the products sold until the price is fully collected, including principal, fees and taxes.
Article 7. RETRACTION
As an exception to the provisions of Article L221-18 of the Consumer Code, the purchaser does not have a retraction period after receiving orders for coffee and edible products. In accordance with the provisions of Article L221-28 of the Consumer Code, this right cannot be exercised for edible goods for reasons of hygiene and safety and for goods that may deteriorate or perish rapidly. Thus, the coffees received cannot be returned.
Article 8. DELIVERY
Deliveries are made at the address listed on the delivery order which can only be in the available geographic area (see article 2). Orders are made, depending on the buyer’s choice and the geographical area of delivery, either by La Poste via COLISSIMO, by Mondial Relay or by DHL via DHL Express.
Except in special cases or unavailability of one or more products, the products ordered will be delivered at once on the date or within the time frame provided by ALTERNATIVE CAFE.
In the event of the unavailability of the ordered property, in accordance with the provisions of Articles L.11111-1 and L221-5 of the Consumer Code, the purchaser will be informed of this unavailability and will be reimbursed without delay and no later than thirty days of payment of the sums he has paid. ALTERNATIVE CAFE will be able to provide a property of equivalent quality and price with the buyer’s agreement and in this case, the return costs will be borne by ALTERNATIVE CAFE.
ALTERNATIVE CAFE will be able to provide the buyer with the tracking number of their parcels by email. The buyer is delivered to his home. In the absence of the buyer, he will be notified of the attempted delivery and, as the case may be, of a new attempt or the modalities to be followed to recover his parcel which could not be delivered. Transportation risks are the responsibility of the purchaser from the moment the items leave the premises of the company ALTERNATIVE CAFE. The buyer is required to check in the presence of the delivery driver, the condition of the packaging of the goods and its contents on delivery. In case of damage during transport, any protest must be made with the carrier within three days of delivery.
In the event of a delay in shipping, the buyer will be notified by email. In this case, and as long as the product is not shipped, the buyer can cancel his order.
Article 9. WARRANTY
All products supplied by ALTERNATIVE CAFE benefit from the legal guarantees provided by articles L217-4 and following of the Consumer Code (guarantee of compliance) and 1641 and following of the Civil Code (guarantee of hidden defects).
If a product sold is not compliant, it may be returned to ALTERNATIVE CAFE, which will take it back, exchange it or refund it.
They also benefit from the legal guarantee against hidden defects a result of a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, a hidden defect being understood as a manufacturing defect that only appeared after the sale of the property.
All claims, exchange or refund requests must be made by mail at: ALTERNATIVE CAFE SAS, 12 Place de la Bastille, F-75011 Paris, within thirty days of delivery.
Any guarantee is excluded in case of misuse, negligence or failure of maintenance on the part of the buyer, such as poor storage conditions of the coffee. ALTERNATIVE CAFE guarantee is strictly limited to the replacement or reimbursement of non-compliant or defected products.
ALTERNATIVE CAFE will not be held responsible or failing for any delay or non-performance resulting from the occurrence of a Force Majeure case as usually defined by the French courts and jurisprudence.
Article 10. RESPONSIBILITY
ALTERNATIVE CAFE, in the process of remote selling, is bound only by an obligation of means. It cannot be liable for damage resulting from the use of the Internet such as data loss, intrusion, viruses, service disruption, or other unintentional problems.
ALTERNATIVE CAFE is also not responsible for transactions between the visitor/buyer and any advertiser, professional or merchant (including its partners), to which the visitor/buyer would be referred through the site and cannot in any way be a party to any possible disputes with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations to which these are held.
If the purchaser does not comply with his contractual obligations, if he does not honour the payment of his order, or if he commits a serious wrongdoing likely to prejudice ALTERNATIVE CAFE, the latter reserves the right to terminate his account, without prejudice to any claim for compensation for the damage that the buyer’s conduct might have caused him.
Finally, ALTERNATIVE CAFE reserves the right to refuse any order from a buyer with whom there is a dispute, even if the buyer uses a new account.
Article 11. INTELLECTUAL PROPERTY
All elements of the website www.alternative.cafe are and remain the intellectual and exclusive property of the company ALTERNATIVE CAFE. No visitor, buyer or other third party is allowed to reproduce, exploit, or use in any capacity, even partially, elements of the site whether they are in the form of photo, video, infographic, logo, visual or text, unless express agreement of the company ALTERNATIVE CAFE.
The ALTERNATIVE CAFE and alternative.cafe brands are registered with the European Union Office for Intellectual Property (EUIPO), the company ALTERNATIVE CAFE having an exclusive license for their use. No use of the brands and/or alternative.cafe logo can be made without the written and prior approval of the company ALTERNATIVE CAFE.
These General Terms and Conditions do not result in the transfer of any of these intellectual property rights to visitors or buyers. As a result, they formally prohibit reproducing and/or using all or part of the content that appears or is available on the website www.alternative.cafe and all or part of the website www.alternative.cafe itself. Buyers and visitors also refrain from copying, modifying, altering, translating, reproducing, disseminating, selling, publishing, exploiting or disseminating in any way and in any form or medium that is said.
Failure to comply with any of the provisions of this article exposes its author (visitor, buyer and/or any third party) to prosecution and incurs criminal and civil liability of its author, particularly on the basis of trademark and copyright infringement.
Article 12. PERSONAL DATA
In accordance with Sections 34 and 35 of the Act of 6 January 1978 amended by the Computer Science Act of 20 June 1978, files and freedoms, as well as articles 32 to 35 of the RGPD, the company ALTERNATIVE CAFE undertakes to guarantee the confidentiality of personal data that the buyer would be required to transmit for the use of certain services such as the processing of his order and the billing (identity, delivery and billing address, bank details for payment, etc.).
Therefore, ALTERNATIVE CAFE undertakes to take all precautions in the course of its business in order to protect the confidentiality of information to which it will have access and in particular that it is not disclosed to persons not expressly authorized to receive this information.
ALTERNATIVE CAFE commits to :
The data will be retained only to the extent necessary for the performance of the contract and the completion by the ALTERNATIVE CAFE company of its obligations, and within the statute of limitations for the distance sales contract.
Under existing legislation and regulations and Articles 12 to 23 of the General Data Protection Regulations (GDPR) of April 27, 2016, the purchaser enjoys rights to access, correct, portability and delete his data or limit their use.
These rights can be exercised by mailing to: ALTERNATIVE CAFE SAS, 12 Place de la Bastille, F-75011 Paris; or e-mail firstname.lastname@example.org.
In case of difficulties related to the management of his data, the buyer finally has the opportunity to file a complaint with the CNIL (tel: 01.53.73.22.22 – website: www.cnil.fr)
Article 13. DISPUTE RESOLUTION AND MEDIATION
These conditions of remote sale are subject to French law. They are written in French, and can be translated into another language for a practical reason, but the French version will prevail in case of fraud.
Any disputes or disputes that do not find an amicable resolution will be the exclusive jurisdiction of the Paris Commercial Court.
The buyer, however, retains the possibility of using consumer mediation to resolve any difficulties, by visiting the website of the Ombudsman of the Professional Federation of e-commerce and distance selling (FEVAD), at: www.mediateurfevad.fr