I. Scope
These Terms and Conditions of Sale (hereafter referred to as "the T's & C's") are the sole terms – to the exclusion of any other terms and conditions, particularly those applicable to sale in stores or by any other retail or sales channels – that govern the distance selling by Araku France (hereafter referred to as "Araku"), a limited liability company with capital of 5,000 euros, whose head office is located at 2, Rue de Tocqueville à Paris (75017), and which is registered with the Paris Commercial Register of Companies under the number 814 356 333, and identified by Intra-Community Vat Number FR 45 814 356 333, to its customers (as defined below) of items offered on the arakucoffee.com website (hereafter referred to as "the Website").
"Customer" refers to any individual person of at least eighteen (18) years of age or having the permission of an authorised person on the date an order is placed, acting in the capacity of a customer according to the French Consumer Code, which is to say for purposes unrelated to commercial, industrial, agricultural, trade or self-employed business activities (hereafter referred to as "the Customer"), who agrees to complete the mandatory fields to place an order and has a delivery address in one of the regions served by Araku.
Therefore, these T's & C's do not apply to professionals, which is to say individuals or corporate entities, public or private, for purposes related to their commercial, industrial, agricultural, trade or self-employed business activities, including when acting in the name and on behalf of another professional.
These T's & C's – accessible on the Website as a downloadable print version and also available upon request by email at contact@arakucoffee.com or telephone at +33 (0)1 76 50 57 00 – are applicable to any Customer order placed on the Website, or by email to contact@arakucoffee.com or by telephone on +33 (0)1 76 50 57 00 (local charges apply).
II. Acceptance of the Terms and Conditions of Sale and Special Terms and Conditions
Any order confirmation made by the Customer constitutes his or her full and complete acceptance of these T's & C's, which the Customer acknowledges to have read and understood beforehand, as well as the specific terms related to his or her order (items, quantities, prices, delivery method and time, etc.).
Araku reserves the right to edit or modify these T's & C's at any time. Any modifications made will be binding on Customers as of the date they are posted on the Website (the "Date") and will apply to all transactions concluded via the Website, telephone or email address after this Date. Araku France thus invites Customers to consult the Website regularly and, if necessary, carefully read the T's & C's in force prior to placing each new order.
III. Product Specifications
Each item offered on the Website is presented with a brief description specifying its name, quantity and price as well as any possible delivery restrictions. This information is also provided in a product page containing a detailed description of the product and its composition so that Customers can familiarise themselves with the product's main specifications before definitively placing an order. Product photographs are not legally binding.
IV. Product Availability – Offer Validity Period
Our offers are only valid during the period in which they are displayed online and are limited to stock on-hand; information regarding product availability is provided at the time the order is placed. In the rare event that a product is unavailable after an order is placed, we will contact you by telephone or email as soon as possible in order to notify you and liaise with you on whether to:
- postpone delivery of an unavailable product while waiting for it to be restocked, when this is possible, or
- cancel your order due to product unavailability and provide a refund for the price paid where applicable within fourteen (14) days of said cancellation.
V. Product Prices
The product prices displayed online are in euros and include the value-added tax (VAT) on the day of the order. Any change to the applicable VAT rate will be automatically reflected in the product prices on the Website. Prices do not include delivery costs, the fees for which applicable on the day of the order are indicated on the Website and displayed for the Customer before he or she confirms the order. The total price including VAT indicated in the order confirmation sent by Araku corresponds to the total price of the order, which includes all taxes, product prices and shipping costs (which may include additional costs for shipping products to post codes in island or mountain locations). This price does not include any connection costs related to using the Website or to telephone communication, for which the Customer is liable.
VI. Online Purchases -- Customer Account
6.1
To make purchases on the Website, the Customer must first create an account, either by clicking on the "Create an account" link before shopping or when selecting the first item to place in the cart.
To create an account, the Customer must enter his or her email address and a password containing at least six alphanumeric characters. This information remains confidential. The Customer will be solely responsible for the use of this account until it is deactivated and will bear all the consequences that may arise from its use by third parties unless it can be demonstrated that the Customer's user identification information was disclosed in error by Araku. If the Customer forgets his or her password or is concerned that a third party may have obtained it, the Website provides a feature that allows the Customer to select a new password.
Furthermore, additional information will be requested from the Customer in order to continue the registration process (title, first and last names, telephone number, exact delivery address, floor number, post code). The Customer agrees to provide true and accurate information and notify Araku of any changes in this information. This information is necessary for processing orders and managing transactions between Araku and the Customer. In consequence, failure to provide the information requested implies a refusal to create an account.
Araku will not be held liable for any errors made while entering this information or the consequences that may arise from said errors, such as shipping errors or delays. In this case, all costs incurred to reship the order will be borne solely by the Customer.
6.2
The Customer is able to view the details of his or her current order by clicking on "Cart".
Orders and invoices are available for viewing at any time for a period of six months in the "My Orders" section of the Website. When the contract is finalised electronically and its amount is equal to or greater than 120 euros, Araku saves a record of the contract for a period of ten years as of its finalisation if shipped immediately, or otherwise as of the shipping date. Araku guarantees access to this record at any time should the Customer request it.
VII. Creating the Contract: Procedure and Proof
7.1 Logging and Confirming the Order
7.1.1 Ordering by Telephone or Email
Prior to placing any order, Araku allows Customers to familiarise themselves with the specifications of the goods offered, their price as well as the terms and conditions and procedures regarding the right to a change of mind. A confirmation request is sent by Araku to the Customer by email that includes i) a detailed summary of the items ordered; ii) the date, method, location and cost of shipping; iii) the payment method selected; iv) the current version of the T's & C's. Once confirmation is received from the Customer, Araku logs the order, which only becomes final as per the reservations set forth in Article 6.2.
7.1.2 Online Ordering on the Website
A summary of any order placed on the Website is systematically provided to the Customer before he or she is asked to confirm the order by indicating the delivery address and payment method. The Customer has the option to correct or modify his or her selections at each step of the ordering process that precedes order confirmation.
The Customer is then asked to confirm the order. Once the order has been confirmed, it is automatically logged and only becomes final as per the reservations set forth in Article 6.2.
7.1.3 Common Provisions
The information provided by the Customer when placing the order is legally binding: in the event of Customer error in entering his or her contact information or delivery location, specifically his or her first and last names, street address, telephone number, email address, door code and floor number, which leads to the loss of the products, the Customer remains liable for cost of the lost products as well as for any other compensation or reimbursement that may be necessary.
7.2 Order Confirmation Receipt
Araku will send the Customer a receipt confirming his or her order. This confirmation, accompanied by a change-of-mind form, is sent to the Customer by email in order to provide a summary of the products ordered, the address, date and method of shipping, the payment method selected and the order number.
Orders paid for by payment card or PayPal are considered final only when the payment processors approve the transaction. If these processors reject the transaction, the order is automatically cancelled and the Customer is notified either by an on-screen message from the payment processor when ordering online or by email from Araku in all other cases
7.3 Proof
The data recorded by Araku via the automatic data processing systems of its Website or Customer Service Department, as well as all emails exchanged between Araku and the Customer, will be considered proof of the nature, content and date of the sales contract in the event of a dispute between the parties, and will be saved by Araku for the time frame set forth by the statute of limitations.
VIII. Payment
8.1
At no time can sums received in payment be considered deposits. The Customer expressly acknowledges his or her obligation to pay at the time of order confirmation, since the placement of an order inherently implies payment.
8.2
The Customer guarantees Araku that the payment method used is currently valid and was not fraudulently obtained.
8.3
In the event that an order has not been paid in total or in part by the Customer, Araku will notify the Customer by email so that he or she can remedy the situation. In the absence of a response or solution prior to the order's delivery date, Araku reserves the right to refuse delivery and refuse to honour the order, as well as cancel all pending orders and suspend the Customer's account.
8.4 Online Payment on the Website
The Customer selects, while entering his or her online order, whether to pay by PayPal or payment card. Only cards with the Visa, MasterCard or French "CB" logos are accepted. The Customer is then redirected to BNP bank's secure website whose encryption and protection procedures ensure that card numbers remain confidential. The invoice is sent by email to the Customer's email address.
8.5 Orders by email and telephone
For all orders made by e-mail or telephone, only payments by credit card (bearing the CB, Visa and Mastercard logos) are allowed. The customer is invited to communicate his card number and pictogram to his interlocutor as soon as the order is placed. However, the amount of purchases made will be debited only upon receipt of the voucher for the Client's agreement, with all written records of his bank account details being deleted as soon as this confirmation has been received.
8.6 Common Terms
If an order totals more than five hundred (500) euros, Araku may require payment via bank transfer before shipping the order.
IX. Delivery
Products are delivered to the delivery address indicated by the Customer during the ordering process. The Customer thus agrees to receive the products at the address indicated and verify his or her identity to the deliverer, if requested, by providing a valid government-issued ID and the order number assigned during the order confirmation process. If the Customer cannot receive the order personally, he or she must appoint a third party as a representative, who must have written authorisation and a photocopy of his or her ID.
9.1 Terms
Orders can only be shipped after full payment of the price and shipping costs have been received. All events considered by case-law likely to prevent or render excessively costly the delivery of goods, such as in cases of force majeure, constitute, by express agreement, a cause for suspending or terminating Araku's obligations, without any compensation favouring the Customer, if the event lasts more than fifteen (15) days. Araku will inform the Customer by all appropriate means of the existence of such an event to allow the Customer to cancel his or her order by replying by post or email.
Araku reserves the right to refuse to deliver or honour an order placed by a Customer who has not paid for a previous order in whole or in part, or with whom a payment dispute is in progress.
9.2 Delivery Costs
Delivery costs (which may include additional costs, particularly for shipping to post codes in island or mountain locations), which are detailed on the Website in the "FAQ" section and on the "Delivery" page, are calculated automatically when ordering on the Website. The delivery cost is calculated in the Cart section and appears on the page indicating the price of the order before final confirmation.
For email or telephone orders, the delivery costs (which may include additional costs, particularly for shipments to post codes in island or mountain locations) are provided to the Customer before the sale is concluded and then confirmed when Araku sends an email requesting that the Customer confirm the order.
9.3 Delivery Times
9.3.1 Within Metropolitan France
The usual delivery time, outside of seasonal holidays (Christmas, New Year's Day or Easter), is three business days (i.e. excluding Saturday, Sunday or bank holidays) as from the day after Araku receives the order and payment. During seasonal holidays, the usual delivery time is a minimum of five business days starting the day after the Customer's order is received and the price is paid in full.
In any event, Araku agrees to deliver the products, except in cases of force majeure, no later than thirty (30) days after the order confirmation is sent, provided that payment has been made by the Customer (hereafter referred to as "the Delivery Deadline").
9.3.2 Outside Metropolitan France
Depending on the products and the country, delivery times may vary by several days or even weeks, and are additionally determined by customs processing times outside the European Union. Araku recommends that the Customer contact the Shipping Department using the contact form or by telephone on xx in order to verify the delivery times applicable to his or her order.
9.3.3 Late Delivery
If a Delivery Deadline is missed due neither to a case of force majeure nor the Customer's failure to pay, the Customer will be able to cancel the contract in writing by either registered post with acknowledgement of receipt addressed to Araku (Customer Services – 2, Rue de Tocqueville – 75017 Paris) or using any other intransigent means of communication (email or fax) if, after having enjoined Araku, using the same procedure (in writing by registered post or any other intransigent means of communication), to make delivery at a reasonably later date, the delivery is not made by this deadline.
The contract will be considered cancelled on the date Araku receives the cancellation letter or message unless Araku has already shipped the order in the meantime. Araku agrees to refund the Customer the sums paid within a maximum of fourteen (14) days following the receipt of the cancellation letter by either bank transfer or cheque.
In consequence, any delivery made after the Delivery Deadline but before Araku receives the Customer's cancellation letter cannot be used as grounds to cancel the contract or seek damages and interest, compensation or penalties. Nevertheless, the Customer may cancel the contract immediately if Araku does not honour its obligation to deliver the product(s) on time or by the stated deadline, and when this date or deadline constitutes an essential condition of the contract for the Customer, where the said essential condition results from circumstances surrounding the conclusion of the contract or from an express request by the Customer prior to concluding the contract.
9.4 Delivery Methods
The only delivery method for Metropolitan France (except island and mountain locations) is Chronopost 18 (orders placed by 6 p.m. will be delivered the next day by 6 p.m.). Detailed delivery information for France and Europe can be viewed here.
For deliveries outside the European Union, the Customer agrees to pay all import duties on the products and any other duties incurred during shipping, such as customs duties, value-added tax and/or any other taxes due in accordance with the laws of the country to which the order is shipped. Araku refuses all legal liability in the event that duties are not paid by the Customer.
9.5 Accepting Delivery - Risk Transfer
The Customer agrees to be present at the indicated delivery address on delivery day and for the entire time frame selected. He or she agrees to sign the delivery slip presented by the delivery person.
The transfer of risks occurs upon acceptance of delivery at the appointed location by the Customer who, from this date forward, will assume sole responsibility for all damage that the product may suffer or cause.
The Customer must check the condition of the products at the time of delivery and verify that they correspond to his or her order. In the event of missing, lost or damaged products, the Customer must express his or her reservations to the carrier responsible by specifying, on the delivery slip, the nature and extent of the damage. To enable Araku to take action against the carrier, the Customer must confirm to Araku in writing (by email, post or fax), the same day as the delivery, the reservations that he or she expressed to the carrier. In the event of an apparent fault or defect in the delivered products, the Customer has three (3) business days as of their delivery date to file a complaint in writing (by post, email or fax) with our Customer Service department accompanied by a photograph clearly showing the damage. After this time, the delivered products are considered free from all apparent defects. Araku will offer a refund or replace at its own cost the non-conforming or defective products.
X. Change of Mind
10.1 Time Frame and Procedure for Exercising the Right to a Change of Mind
In accordance with the provisions of Articles L. 221-18 et. seq. of the French Consumer Code, the Customer has the right to change his or her mind without any justification or payment of penalties within a period of fourteen (14) days starting from the date on which the Customer or a third party designated by the Customer, other than the carrier, physically receives all the products ordered. In accordance with the rules applying to time frames, dates and deadlines, the date the products are received is not counted as part of the aforementioned fourteen-day time frame, which begins in the first hour of the first day and expires at the end of the last hour of the last day of the time frame, it being specified that if this time frame expires on a Saturday, Sunday, bank holiday or non-working day, it will be extended to the following business day.
To exercise his or her right to a change of mind, the Customer must, before the fourteen (14)-day time frame expires, notify Araku in writing of the change of mind by one of the following methods:
i) complete and submit online the change-of-mind form available on the Website, after which the Customer will immediately receive an acknowledgement of receipt from Araku via an intransigent means of communication, or
ii) send this change-of-mind form or any other unambiguous declaration of his or her change of mind by post to the following address: Araku Coffee – Customer Services – 2 Rue de Tocqueville – 75017 Paris – FRANCE.
10.2 Terms for Returning Products
10.2.1
The Customer must return the product(s) in a timely fashion, or in any case within fourteen (14) days at the latest of notifying Araku of his or her change of mind, to the Returns department at the following address:
Araku Coffee – Service Retour
STACI MOISSY / STACI FOOD
BAT 1 Parc de Chanteloup – 2000 RD n°57
77550 MOISSY CRAMAYEL – FRANCE
Only products that have been sent by the Customer within fourteen days of notifying Araku of his or her change of mind will be accepted. The products must be in their original packaging and in suitable condition for resale. The products must not have been opened or damaged.
10.2.2
Returns are shipped at the Customer's own risk and at the Customer's expense. Please note that if the product cannot be shipped by French postal service La Poste, the Customer will have to use another shipping method. The Customer's return shipping costs may range from 15 euros to 100 euros depending on the shipping method/carrier, weight, size and/or volume of the product(s) and/or the geographic location of the product(s).
10.3 Refunds
If the Customer exercises his or her right to a change of mind, Araku will provide a refund – within fourteen (14) days of receipt of the product(s) or upon proof from the Customer that the product(s) has/have been shipped within the fourteen-day time frame following the change of mind (whichever is earlier) – of all payments received by the Customer, including the delivery costs paid at the time of ordering (excluding any additional costs resulting from the Customer's selecting a more expensive delivery method than the standard delivery method suggested by Araku). The refund will be made by bank transfer, cheque or, where applicable, gift vouchers or credit notes where this was the payment method used by the Customer for the initial transaction.
10.4 Exceptions
In accordance with Articles L. 221-28, 3°, 4° and 5° of the French Consumer Code, please note that the right to a change of mind is not applicable to contracts related to:
i) the provision of goods made according to Customer specifications or clearly personalised for the Customer,
ii) the provision of fresh or perishable products and foodstuffs (such as cakes, biscuits or chocolates),
iii) the provision of goods whose seal has been broken by the Customer after delivery and that cannot be returned for health and safety reasons
XI. Warranties
11.1 Legal Guarantee of Conformity
In accordance with Article L. 217-4 of the French Consumer Code, Araku is responsible for delivering goods conforming to the contract, and liable for any nonconformities upon delivery. According to Article L. 217--5 of the French Consumer Code:
"The product conforms to the contract:
1. If it is fit for the purpose normally expected for such goods and, if applicable:
- if it corresponds to the description provided by the vendor and possesses the qualities that the vendor has presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer can legitimately expect in view of the public claims made by the vendor, the manufacturer or its representative, particularly in advertisements or on labelling;
2. Or if it possesses the properties defined by common agreement between the parties or is fit for any special use required by the buyer, which was made known to the vendor and accepted by same".
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When invoking the legal guarantee of conformity, the Customer: - has two years as of the delivery of the goods to take action (Article L. 217-12 of the French Consumer Code); - can choose between having the goods repaired or replaced, as per the terms related to cost set forth in Article L. 227-9 of the French Consumer Code. If the goods cannot be repaired or replaced, the buyer may return the goods and be refunded the price or keep the goods and receive a partial refund as per the terms and reservations set forth in Article L. 227-10 of the French Consumer Code; - is exempt from proving the non-conformity of the goods for a period of twenty-four months following the delivery of the goods, except for used goods, for which the period is six months. The legal guarantee of conformity applies independently of any commercial warranty that may have been granted. |
11.2 Warranty Against Defects in Items Sold
Araku is also responsible for upholding the legal guarantee against unacceptable defects in delivered products that render them unfit for the purpose for which they are intended, as per the terms set forth in Articles 1641 to 1649 of the French Civil Code, provided that the buyer provides proof of the hidden defect and takes action within two years of the discovery of the defect (Article 1648 of the French Civil Code):
Article 1641 of the French Civil Code: "The vendor must guarantee the sold item against hidden defects that render it unfit for the intended purpose or impair its use for this purpose to such an extent that the buyer would not have purchased the item or would have paid less if aware of the defects."
Article 1642 of the French Civil Code: "The vendor is not responsible for apparent defects of which the buyer has been able to convince him or herself."
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The customer can decide to invoke the guarantee against hidden defects in the item sold as per Article 1641 of the French Civil Code. In this case, the Customer can choose between cancelling the sale or receiving a discount on the price of sale as per Article 1644 of the French Civil Code. |
11.3 - Customer Services
In accordance with the provisions of Article 2232 of the French Civil Code, please note that "delaying the start date or suspending or interrupting the limitation period cannot have the effect of extending the limitation period to more than twenty years from the date on which the right first came into effect."
XII. Service client
For any additional information, or in the event of a query or complaint, the Customer can contact Customer Services by telephone on +33 (0)1 76 50 57 00 (Monday to Friday from 9 a.m. to 7 p.m. ECT), by email to contact@arakucoffee.com or by post to Araku Coffee – Customer Services – 2 Rue de Tocqueville – 75017 Paris – FRANCE.
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XIII. Data Protection
13.1
By using the Website, the Customer agrees to allow Araku to use his or her personal data as provided by the Customer when registering on the Website or collected during use of the Website, such as purchases made, information on the most visited Website pages, and connection data (access provider, IP address and browser type) in order to provide the products or services ordered and/or, in accordance with the applicable legal provisions, increase our knowledge of the Customer for the purposes of adapting our product offering accordingly.
Fields marked by an asterisk in the forms are mandatory, as is any information related to the order. Araku needs this information to process the Customer's orders and provide the various products and services offered.
To process the Customer's orders, his or her data may be transmitted to Araku's service providers or partners. Araku will send personal data collected in this manner to all of its internal departments and to those of its service providers involved in supplying the ordered products. Araku may also send personal data to its payment fraud prevention unit or to any other administrative or legal authority that requests these data. Note that Araku may send the Customer's data to some of its service providers located outside the European Union for the purposes of providing these services.
13.2
The Customer may, according to the option(s) offered by the Website and selected by the Customer, allow the Website to:
- use his or her data in studies to increase its knowledge of the Customer and/or for marketing purposes in order to send the Customer information and promotional offers concerning the products and services offered by Araku, including electronic messages;
- where express consent is granted, send the Customer's online contact information to parties external to Araku France for the purposes of receiving relevant offers or information by electronic message. The Customer's data will be used by these third parties according to their own terms and conditions of use, of which it is the Customer's responsibility to gain knowledge. Araku and the Website cannot be held liable for third-party use of data that the Customer has authorised Araku to transfer.
The Customer can change any authorisation he or she has transmitted or granted at any time in the "My Account" section, by emailing Customer Services at contact@arakucoffee.com or by post to Araku Coffee – Customer Services – 2 Rue de Tocqueville – 75017 Paris – FRANCE.
13.3
In accordance with the provisions set forth in French Data Protection Law n° 78-17 of 6 January 1978, the Customer has the right to access, correct and/or delete his or her personal data at any time. These rights can be exercised via the Website or by post to Araku at the following address: Araku Coffee – Customer Services – 2 Rue de Tocqueville – 75017 Paris – FRANCE.
13.4
The Customer has the right to opt out of unsolicited telephone calls in France by registering free of charge with the Bloctel opt-out register at www.bloctel.gouv.fr.
XIV. Cookies
Cookies are used by the Website in order to optimise and personalise the user's online experience (particularly the offers and advertisements) and enable the user to take advantage of the services offered (purchase of products, browsing, etc.). Until such time as the Customer decides to disable cookies, he or she accepts their use by the Website. The Customer may disable these cookies at any time free of charge by using the disable options available and described below, it being specified that disabling cookies may restrict or prevent access to all or part of the services offered by the Website.
14.1 Definition of Cookies and How They Are Used
When the Customer visits the Website, information from his or her device (PC, tablet, smartphone, etc.) relative to browsing the Website may be saved in text files called 'cookies' which are stored in the Customer's browser. Cookies will be used to recognise the Customer's browser for the lifespan of the Cookie in question.
Only the creator of the Cookie can read or modify the information it contains.
Certain Cookies are essential for using the Website; others optimise its use and personalise the content displayed. As such Cookies enable Araku to:
- measure and analyse visits to the Website and how the Website, its sections and offered services are used, so that Araku can conduct studies to make the Website and its services more interesting and user-friendly.
- store the Customer's browser preferences (language, display setting, operating system, etc. used) and tailor the Customer's Website visit based on the video or audio software and hardware installed on the device used to browse our Website;
- store information relative to, for example, a form that the Customer has completed or a service (registration, account access), or information the Customer has selected (services subscribed to, cart contents);
- provide the Customer access to restricted and personal areas of the Website or its services, such as the Customer's personal account, via user IDs or personal data entered previously;
- implement security measures;
- limit the number of advertisements displayed;
- tailor the advertising content displayed on the Website to the Customer's areas of interest;
- send the Customer personally tailored advertisements via emarketing or displayed in advertising space on the Customer's device containing Cookies transmitted by Araku, by means of the personal data entered by the Customer, particularly during the registration process and when accessing or using one of the services linked to Araku's Cookies.
When the Customer accesses a third-party website containing advertising space displaying Araku advertisements, this advertisement may be addressed to the Customer due to the fact that he or she is recognised by one of the Cookies that Araku previously stored on the Customer's browser. These Cookies may also be stored and used by Araku's technical service providers.
14.2 Cookies Stored by a Third Party on our Website
Our Website may contain Cookies stored by third parties (advertising agencies, audience measurement companies, targeted advertising providers, etc.) that enable them, for the lifespan of the cookies, to:
- collect information on the browser used to view our Website;
- determine which advertisements are likely to match the Customer's areas of interest in order to send the Customer targeted advertising based on his or her browser history collected by third parties.
At any time, the Customer can prevent his or her personal information from being collected via these third-party cookies by clicking on the corresponding links.
The storage and use of Cookies by these companies are subject to their own terms and conditions of use.
14.3 Cookies Contained in Third-Party Applications on our Website
Araku may include third-party applications on its Website that enable the Customer to share the Website's content with other people as well as inform them about his or her browsing experience or express opinions concerning the Website content. This particularly refers to the "Share" and "Like" buttons of social networks such as Facebook, Twitter, Viadéo, etc.
The social network may be able to identify the Customer through this button, even where the Customer does not use it while browsing the Website. This type of application button may allow the social network in question to track the Customer's browsing on the Website if the Customer has an account with the social network and is currently signed in on his or her browser (open session) while browsing the Website.
Araku has no control over the process employed by social networks to collect information related to the Customer's browsing on the Website and the personal data associated with this information. Therefore, Araku recommends that the Customer consult the social networks' data protection policies to find out what browsing information they can collect via these application buttons as well as the purposes for which this information will be used, particularly in terms of advertising. The Customer should ensure that these social networks' data protection policies will allow him or her to control and restrict these social networks' use of his or her data, particularly by changing the settings of his or her user accounts with these social networks.
14.4 How to Enable or Disable Cookies
The Customer can manage and modify the use of Cookies at any time via his or her browser, business-networking platform or one of the links listed below.
The settings chosen by the Customer may alter his or her Internet browsing experience and may affect the terms and conditions for the access and use of certain services on our Website that require the use of Cookies.
N.B.: Requests to unsubscribe from the Website are processed using a Cookie. In consequence, in the event that the Customer disables all Cookies on his or her device or switches devices, Araku will no longer be aware that the Customer has chosen to unsubscribe.
14.4.1
Managing Customer Cookies via Browser Settings: the Customer can configure the browser on his or her device to either enable or disable Cookies depending on the sender. To find out more about the procedures for managing Cookies stored on one's computer, Araku invites the Customer to consult the help menu on his or her device as well as the information available on the CNIL (French National Commission for Information Technology and Civil Liberties) website: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
14.4.2
Managing Customer Cookies Online via Business-Networking Platforms: The Customer can also log on, for example, to Youronlinechoices at http:/www.youronlinechoices.com/fr/controler-ses-cookies/, offered by the digital advertising professionals of the EDAA (European Digital Advertising Alliance) and managed in France by the Interactive Advertising Bureau France, or any other platform that offers this type of service. You can thus see which companies subscribe to this platform or other platforms that offer this service as well as the possibility of disabling or enabling Cookies that they use to tailor the advertising likely to be displayed on your browser. This procedure will not prevent advertising from being displayed on the websites that you visit. It will only block technologies that tailor advertising to your areas of interests.
Notre Site est susceptible de contenir des Cookies émis par des tiers (agence de communication, société de mesure d’audience, prestataire de publicité ciblée, etc.) permettant à ces derniers, pendant la durée de validité de ces derniers :
- de recueillir des informations de navigation relatives aux navigateurs consultant notre Site ;
- de déterminer les contenus publicitaires susceptibles de correspondre aux centres d’intérêts du Client pour lui adresser des publicités ciblées au regard de son historique de navigation collecté par le tiers.
A tout moment, le Client pourra empêcher la collecte d’informations le concernant via ces cookies tiers, en cliquant sur les liens correspondants.
L’émission et l’utilisation de Cookies par ces entreprises sont soumises à leurs propres conditions d’utilisation.
XV. Intellectual Property
All the elements of the www.arakucoffee.com Website (particularly the content, code and architecture) are protected by copyright laws, trademark laws or patents. Their use without prior written consent from Araku or any other rights holders is liable to constitute piracy and result in legal action. By logging on to the Website, you agree to refrain from copying or downloading all or part of its content without the prior express written consent of Araku.
The extraction, reuse, storage, reproduction or representation of substantial parts of the Website in any form whatsoever, either quantitatively or qualitatively, is also prohibited under the rights of the database developer.
XVI. Force Majeure
In accordance with the provisions set forth in Article 1218 of the French Civil Code, force majeure is defined as an event beyond the control of the liable party that could not be reasonably foreseen when the contract was entered into, whose effects cannot be avoided by appropriate measures, and which prevent the liable party from fulfilling its obligations. All force majeure events, as defined by statute law and case law, constitute a reason for suspending or terminating Araku's obligations should the event last more than fifteen (15) days.
Araku cannot be held liable for failing to fulfil the contract entered into in the event of force majeure.
XVII. Applicable Law – Disputes
17.1
These T's & C's and all the transactions referred to herein are subject to French Law.
17.2
For all disputes, as defined in Article 17.3 below, the Customer can firstly contact Araku's Customer Services department to seek an amicable resolution. To this end, the Customer will be required to send a detailed written complaint by registered post with acknowledgement of receipt to Araku Coffee – Customer Services – 2 Rue de Tocqueville – 75017 Paris – FRANCE or by email to contact@arakucoffee.com.
17.3
The Customer also has the right, free of charge, to avail of a consumer mediator to help find an amicable resolution to the dispute with Araku (Article L. 612-1 of the French Consumer Code); mediation is however entirely optional for the Customer (Article L. 612-4 of the French Consumer Code).
Consequently, any dispute relative to the validity and/or interpretation and/or fulfilment and/or non-fulfilment and/or termination of the sales contract entered into by Araku and a Customer (the "Dispute") may be subjected to consumer mediation by the Customer.
To this end, it is recommended that the Customer use the e-commerce mediation service provided by FEVAD (French federation of e-commerce and distance selling) whose contact information is provided below, in accordance with its mediation charter, it being specified that the Dispute can only be examined by a single mediator whose proposed solution is not binding on the parties.
Fédération du e-commerce et de la vente à distance (FEVAD)
60, rue de la Boëtie – 75008 Paris
Tel: +33 (0)1 42 56 38 86
Email: contact@fevad.com
Website: www.fevad.com
17.4
In accordance with the provisions set forth in Article L. 612-2 of the French Consumer Code, please note that the Dispute cannot be examined by the consumer mediator in the event that:
- the Customer cannot demonstrate that he or she has previously attempted to resolve the Dispute with Araku by sending a written complaint as per the procedure set out, where applicable, in these T's & C's;
- the mediation request is clearly unfounded or abusive;
- the Dispute has been previously examined or is currently being examined by another mediator or a court of law;
- the Customer has presented his or her request to the consumer mediator more than one year after submitting a written complaint to Araku;
- the Dispute does not fall within the mediator's area of competence.
17.5
For any complaint made by a European Customer due to an online purchase, the Customer is invited to visit the following website: http://ec.europa.eu/consumers/odr/.
17.6
In the absence of an amicable resolution, the case will be brought before the court having jurisdiction, as specified by the provisions set forth in Article 2238 of the French Civil Code:
"The limitation period is suspended as of the day on which, after a dispute arises, the parties agree to mediation or conciliation or, in the absence of a written agreement, as of the day of the first mediation or conciliation meeting. The limitation period is also suspended as of the finalisation of a collaborative dispute resolution agreement or as of the liable party's agreement as recorded by the court officer to participate in the process referred to in Article L. 125-1 of the French Civil Procedure Rules.
The limitation period begins, for a period of no less than six months, as of the date on which either one or both of the parties or the mediator or conciliator declares that the mediation or conciliation is over. In the event of a collaborative dispute resolution agreement, the time limitation begins again as of the end of the agreement, which can be no less than six months. If the collaborative dispute resolution process established in the same Article fails, the time limitation begins again as of the date on which the liable party refuses, as recorded by the court officer, for a period that can be no less than six months."
XVIII. Legal Information Relative to Araku France
Limited liability company with capital of €5,000
Head office: 2, Rue de Tocqueville – 75017 Paris
SIREN number: Paris Commercial Register of Companies 814 356 333
EU VAT No.: FR 45 814 356 333
Customer Service: Tel: +33 (0)1 76 50 57 00
Email: contact@arakucoffee.com
Publication Editor: Marie STOCLET BARDON
Last updated: Mai 9, 2019
Host: Greenshift SAS – 9, rue Campagne Première – 75014 Paris. Phone: +33 (0)9 53 54 22 66