Commercial Terms Last revised: 01/03/2023
 
These Terms (1) This website (the “Site”) and/or the services, including any mobile applications connected thereto (collectively the “Services”) and any offers or sale of products (the “Products”) through the Site, are owned and operated by SASU Ravensara, Paris (hereinafter also referred to as “we”, “us” or “our”). These Terms of Business (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or Services and purchase Products. (2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any Services. Read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Terms you will find out who we are, how we sell our Products to you, how you can cancel the purchase contract and what you can do if something goes wrong. (3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are not an adult, you may only use the Services or purchase Products with the consent of your parent or legal guardian. (4) This site is published by Ravensara, SASU, Paris The publication director is Claire Viger You can contact us: – by telephone: 09 52 06 76 25 (price of a local call) – by e-mail: shop @24terrecafe.fr This site is hosted by Wix.com These Conditions are provided in French. In the event of a discrepancy between the French version of this document and any of its translations, the French version will prevail. To use our Site and/or benefit from our Services, you must be at least [add number] years old, or have reached the legal age of majority in your country, and possess the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or benefit from our Services if it is prohibited in your country, or by any law or regulation applicable to you. Additionally, before placing and confirming an order, you must read and agree to these Terms. You may download and print these Terms. Description of Products (1) You should carefully read the description of the Services and/or Products before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. Photographs, drawings and descriptions of the Products and/or Services are provided for purely indicative purposes and do not bind us. (2) We invite you to refer to the information and instructions for use which appear on the packaging, labels and accompanying documents. We cannot be held responsible for any damage resulting from non-compliance with these instructions for use of the Products and/or Services provided on our website. Purchase of Products (1) Any purchase of Products is subject to the Conditions applicable at the time of such purchase. (2) When purchasing a Product: (i) it is your responsibility to read the full listing of items before committing to purchase them; and (ii) placing an order on the Site (by completing the payment process by pressing the “Buy” button or similar button) may result in a legally binding contract for the purchase of the relevant Product, unless otherwise indicated otherwise in these Terms. (3) You can choose from our selection of Products and place the products you intend to purchase in a shopping cart by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur, at any time. These changes do not affect the price of Products that you have already purchased before. During checkout, you will be presented with a summary of all the Products you have placed in your basket. This summary includes the essential characteristics of each product as well as the total price of all products, the applicable value added tax (VAT) and shipping costs, as applicable. The checkout page also gives you the opportunity to check and, if necessary, modify or withdraw Products, or change quantities. If necessary, you can also identify and correct input errors using the edit function before making your order permanently binding. Any delivery time stated shall apply from receipt of your payment of the purchase price. By pressing the “Buy” button, you place a binding order to purchase the advertised Products at the price and shipping costs indicated. To complete the order process by clicking on the “Buy” button, you must first accept these Terms as legally binding on your order by checking the corresponding box. (4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarized again and which you can print or save using the corresponding function. Please note that this is an automatic message and only documents that we have received your order. It does not indicate that we accept your order. (5) The legally binding contract for the purchase of the Products is only concluded when we send you an acceptance notice by email or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after submitting your order (e.g. money transfer electronic, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the order process, as described above, by pressing the « Buy » button. (6) You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable standards in our industry (e.g. PCI DSS). You will be able to identify your card stored in this way by its last four digits. Delivery of Products We can deliver our products in France and abroad. Prices and delivery times vary depending on the type of Products ordered, the delivery address and the delivery method chosen: The applicable prices and delivery times will be communicated to you before confirming your order. Coupons, Gift Cards and Other Offers We may from time to time offer coupons, gift cards or discounts and other offers (the “Offers”) with respect to our Products. These Offers are only valid for the duration that may be indicated therein. The Offerings may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission. Refund and return policy You have the right to withdraw without giving reason for 14 days from receipt of the Product or the date on which you signed the service contract. To exercise your right of withdrawal, you must notify us of your decision by registered mail to the following address: 24ter avenue des deux clochers 94450 Limeil-Brévannes or by e-mail to contact@ravensara.fr within the given time limit, using the following form attached to these Terms as Appendix 1. If you contact us by email, we will acknowledge receipt of your withdrawal. You must return the Products as quickly as possible, in any case within 14 days of notification of your withdrawal. Upon receipt of the Product, we will issue a full refund within 14 days, with the exception of return costs, which will remain your responsibility. In addition, please note that perishable food type Products as sold on our site for reasons of hygiene and health safety will not be returned or exchanged and cannot be returned under the right of withdrawal: [list articles according to article L. 221-28 of the Consumer Code – you cannot add an article that does not appear on the list of the Product concerned]. BTOB Member Account (1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account. (2) If someone other than you accesses your Member Account and/or any of your settings, they will be able to perform any actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have occurred in your name and on your behalf, and you will be solely responsible for all activities that occur under your Member Account, whether or not specifically authorized by you, and for all damages. , expenses or losses that may result from these activities. You are responsible for activities carried out on your Member Account in the manner described if you negligently permitted the use of your Member Account by failing to take reasonable care to protect your login credentials. (3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the “Social Media Account”). If you register through a third-party platform account, you authorize us to access certain information about you that is stored in your Social Media Account. (4) We may temporarily or permanently terminate or suspend your access to your Member Account without liability, in order to protect ourselves, our Site and Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the site or your Member Account. We may do this without notice to you if circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by providing you with two months’ notice by email, if we terminate our Member Account program or for any other reason. You can stop using your Member Account and request its deletion at any time by contacting us. Intellectual Property (1) Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein , are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing contained herein grants you any rights in relation to Our Intellectual Property. Except as expressly provided herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved. (2) If the Products include digital content such as music or videos, you will be granted the rights indicated for that content on the Site. Exclusion of warranty for the use of the Site and the Services The Services, Our intellectual property and all documents, information and content provided relating thereto which are made accessible to any user free of charge are provided « as is » and « as available », without any warranty of any kind, express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defects. We do not guarantee that our free Services will be provided uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for Products you have purchased from us, as set out in the “Product Warranty” section above, will not be affected. Indemnification You agree to defend and hold us harmless from any claims, damages, costs, actual or alleged liability and expense (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set out in these Terms, unless such circumstances are not caused by your fault. Limitation of Liability (1) To the fullest extent permitted by applicable law, we exclude all liability for any amount or type of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of revenues, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or results of the use of this Site , (iii) any websites linked to this Site or the materials on such linked websites. (2) We will not be liable for any delay or failure to comply with our obligations under these Terms if such delay or this failure results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code. (3) Modification of the Terms or Services; discontinuance (1) We reserve the right to modify these Terms from time to time, at our sole discretion. You must therefore consult them regularly. If we materially change these Terms, we will notify you that the material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future versions of the Terms, do not access or use the Site or Service. (2) We may change the Services, stop providing the Services or any feature of the Services we offer, or create limits on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will notify you sufficiently in advance if this is possible in the given circumstances and we will reasonably take your legitimate interests into account when taking such action. Links to Third Party Sites The Services may include links that take you away from the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content or the links they contain, nor their changes or updates. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for your convenience only. If we add links to other websites this does not mean that we endorse their owners or their content. Applicable law (1) These Conditions are governed and interpreted in accordance with the laws in force in France, as well as the conflict of laws rules. (2) If you wish to draw our attention to a subject, complaint or question concerning our site, contact us: contact@ravensara.fr If, after contacting us, you believe that the problem is not resolved, you will have the right to resort to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the Consumer Code. Miscellaneous (1) No waiver of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default. (2) The section titles used in these Terms are for convenience only and have no legal substance. (3) Unless otherwise stated, if any part of these Terms is found to be unlawful or unenforceable for any reason, it is agreed that that part of these Terms will be deleted, the other terms of these Terms will not be affected and that They will remain in force. (4) By accepting the Conditions, you undertake not to contest the probative value of documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered evidence of communications, orders and payments made between us. (5) Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the Civil Code. (4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent. (5) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us regarding the Services and the sale of the Products. (6) The provisions of these Terms which by their nature should survive any action by us shall survive, including, without limitation, the provisions relating to indemnity, waivers, disclaimers, to the limitations of liability and this “Miscellaneous” article. Contact us To contact us, send an e-mail to: Société Ravensara – Contact@ravensara.fr – Tel: +33(0)9 52 06 76 25 Appendix 1 – Model withdrawal form (Art. R. 221-1 of the Consumer Code) Right of withdrawal form Complete and send the following form if you wish to withdraw from the agreement. Att. : Customer service 24Terre café, 24ter avenue des deux clochers 94450 Limeil-Brévannes I hereby inform you that I withdraw my agreement for the subscription to the Service below/the purchase contract for the Products below: Name of service/products Purchased on/received on Customer name If possible, specify your account, order or customer number Customer address Date User signature [if in paper form]