Date of last update: 16 / 08 / 2024
This site, accessible at the URL www.thestraybean.com is published by:
CJM ROASTERS company with capital of 1000 euros, registered with the RCS of Versailles under number 932 098 312 RCS, whose head office is located at Château de la Barre 78720 SENLISSE, represented by Jean-Marc HAVET duly authorized,
(Hereinafter referred to as the “Operator”).
The Operator's individual VAT number is: FR94932098312.
The Site is hosted by the company O2 switch
Siret: 510 909 807 00032
RCS Clermont-Ferrand
SAS with a capital of 100 €
Telecom operator declared ARCEP
09/2989 – AS50474
The Director of Publication of the Site is Mr. FONE, Christopher.
The Operator can be contacted at the following telephone number +33 6 33 18 13 73 and at the following email address jm.havet@thestraybean.com.
The general conditions of sale (the " General Terms & Conditions of Sale ", where the " GDPR ») Are applicable exclusively to the online sale of products offered by the Operator on the Website.
The GTC are made available to customers on the Site where they can be viewed directly and can also be communicated to them on request by any means.
The T&Cs are enforceable against the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, having read them and having accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Operator.
The Site is an online sales site for coffee, tea, chocolate, other food products except alcohol, and all accessories related to the above products (hereinafter the " Product (s)") Open to any natural or legal person using the Site (the" Client ").
The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's site via a link found on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The Product's user manual, if it is an essential element, appears on the Site or is sent at the latest upon delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as in particular Internet service providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the IT configuration he uses is secure and in working order.
To place an order on the Site, the Customer must first create their personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is the Customer's responsibility not to communicate their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality of the data, in particular the username and password, allowing them to access their customer area, the Customer acknowledging that they are solely responsible for access to the Service via their username and password, except in the event of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their username and/or password.
After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.
The Customer undertakes when registering to:
The Client further undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole fault.
The Operator strives to ensure optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
With the exception of any indication to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the terms and any delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
The Operator archives the contracts for the sale of Products in accordance with applicable legislation. By making a request to hello@thestraybean.com, the Operator will give the Customer a copy of the contract that is the subject of the request.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.
Registration is open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.
In the event of a breach by the Customer of one of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.
In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.
The Operator uses the online payment solution [Online payment solution to be completed].
Orders can be paid for using one of the following payment methods:
• Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank; the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The inability to debit the sums due will result in the immediate nullity of the sale.
The bank card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
• Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without providing his bank details.
• Payment by bank check. The Customer may pay for his order by bank check if he has an account registered with a bank established in France. When ordering, the Operator will communicate to the Customer the order and the address to which to send his check. Orders by check are processed upon receipt and after cashing of the check.
• Payment by bank transfer. The Customer may pay for his order by bank transfer. When ordering, the Operator will provide the details of the account to which the transfer is to be made, as well as the order reference to be indicated in the transfer order. Orders are processed within 48 hours maximum following receipt of the transfer.
Where applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for purposes other than these.
The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it using the "double-click" technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on a validation button, then he acknowledges accepting these General Terms and Conditions before clicking on the "I pay" button, finally he validates his order after having filled in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The order can be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:
• delivery of a Product which does not comply with the declared characteristics of the Product;
• delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, under the same terms and without result, to make the delivery within a reasonable additional period;
• a price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the Operator in the event of:
• refusal by the buyer to take delivery;
• non-payment of the price (or the balance of the price) at the time of delivery.
The Operator remains the exclusive owner of the Products ordered on the Site until the full price has been received, including any shipping costs.
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers you delivery of the products by La Poste or other authorized transport provider.
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
The expected delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time expected by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the level of the basket, provided that payment for the order has not been refused beforehand.
However, if one or more Products could not be delivered within the period initially announced, the Operator will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
On delivery, you may be asked to sign a receipt.
No delivery will be made to a PO Box.
On delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery slip.
If a delivered Product does not give full satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form].
The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
If applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
• name, geographic address, telephone number and email address;
• decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail as long as these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form but this is not obligatory.
Return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will recover the Product at its expense.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
• supply of goods made to the consumer's specifications or clearly personalized;
• supply of goods liable to deteriorate or expire rapidly;
• the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all elements enabling the Customer's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the Operator's wishes.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
The Customer can contact the Operator:
• at the following number +33 6 33 18 13 73 on the following days and opening hours: Monday to Friday, 9 a.m. to 12:30 p.m. and 13:30 p.m. to 17 p.m.
• by email to hello@thestraybean.com, indicating your name, telephone number, the subject of your request and the number of the order concerned.
The Operator is the sole owner of all elements present on the Site, including and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and / or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.
The Operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.
The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held liable for false declarations made by a Customer and for his behavior vis-à-vis third parties. In the event that the responsibility of the Operator is sought because of such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defence.
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
• you have a period of two (2) years from delivery of the goods to take action:
• you can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).
You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of Articles 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:
Art. L.217-4 of the Consumer Code:
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."
Art. L.217-5 of the Consumer Code:
"The goods comply with the contract:
1 ° If it is suitable for the use normally expected of similar goods and, if applicable:
It is recalled that the search for amicable solutions prior to any possible legal action does not interrupt the time limits for the application of legal guarantees or the duration of any possible contractual guarantee.
For more information regarding the use of personal data by the Operator, please carefully read the Privacy Policy (the “Charter”). You can consult this Charter at any time on the Site.
The hypertext links available on the Site may refer to third party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third-party sites at his own risk or, as the case may be, in accordance with the conditions which govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and / or the content applicable to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and / or the content of these third-party sites.
The Site may also contain promotional hypertext links and / or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to notify him of any hypertext link on the Site which would allow access to a third-party site offering content contrary to the laws and / or morality.
The Customer may not use and / or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.
The Customer authorizes the Operator to mention the Customer's name, its logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, press kit, internal communication, etc. .).
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.
MODIFICATIONS OF CONDITIONS
The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and / or to cease, temporarily or permanently, to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINT – MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following coordinates:
The Stray Bean Roastery – Customer Service
Castle of the Barre 78720 SENLISSE
In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the purchase order or to these General Terms and Conditions opposing it to the Operator to the following mediator: the Mediation and Arbitration Center of Paris, unless another mediator is appointed with the agreement between the Customer and the Operator.
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
APPLICABLE RIGHT
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By registering on the Site, the Customer confirms having read and accepted the General Conditions, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which may be made by the Operator does not apply. 'will not apply to any order placed previously, except with the express agreement of the Customer at the origin of a given order.