Terms & conditions

Preamble

You are currently connected to the websitewww.lecafe-alainducasse.com published by the company KDP, a simplified joint-stock company with share capital of 50,000€ euros, whose registered office is Immeuble Bords de Seine 1 - 3 Esplanade du Foncet 92130 Issy les Moulineaux, registered in the Trade and Companies Register of NANTERRE under number 425 041 134 and with intra-community VAT number FR20 425 041 134.


To contact us: Telephone: +33(0)140027690 (toll-free number). E-mail: contact@lecafe-alainducasse.com

You acknowledge having read the terms and conditions of sale (« "T&C" ») below. Validation of the purchase order by clicking "Next" in step 4 of the ordering process implies full acceptance of these T&C. This step precedes payment.

Article 1 Application of the T&C

These T&C apply exclusively between the company KDP (hereinafter "KDP") and any person visiting or making a purchase on the site www.lecafe-alainducasse.com (hereinafter the "Customer").

No special conditions may, unless formally accepted in writing by KDP, prevail over the T&C.

Any contrary condition opposed by the Customer will be, in the absence of express acceptance, unenforceable against KDP, regardless of when it was brought to its attention. The fact that KDP does not prevail, at a given moment, upon any of the T&C cannot be interpreted as a waiver of any of said conditions at a later date.

These conditions apply to the exclusion of all other conditions, including those in effect on other websites or other media marketing the same products.

Article 2 Procedure for placing and confirming the order

2.1 Placing the order

Orders are placed via the website www.lecafe-alainducasse.com (ci-après le « Site »). The Customer agrees to complete the order form accurately and to fill in the various headings (billing address, delivery address, payment method, etc.). The Customer has, at each stage of the process of entering his order and before its validation, a mechanism allowing him to correct or modify his choices.


To create an account, the Customer must enter his email address and a password. These elements are confidential. The Customer will be solely responsible for the use of his account until it is deactivated and will only bear the consequences that may result from any use of it by third parties, unless he demonstrates that the knowledge of its login details results from a fault of KDP. In case of forgetfulness or in case of fear that a third party could have knowledge of his password, the Customer has on the Site the functionality to modify it.

The order becomes valid only if all the information requested of the Customer is completed. KDP cannot honour an order:
- if the information provided by the Customer is incomplete or incorrect,
- in the event of the Customer's breach of one of his obligations or
- for any other legal reason.

He will receive, after payment, an email confirming the details and terms of his order. If KDP encounters a problem in honouring the order, it undertakes to inform the Customer within two (2) business days of the order being registered.

2.2 Validation of the order

Before payment of the order, the Customer declares that he has read and accepted these Terms and Conditions. The validation of the order therefore implies unreserved acceptance of these T&C.


KDP will e-mail the confirmation of the recorded order. The data recorded by KDP is proof of the nature, content and date of the order. KDP confirms the acceptance of its order to the Customer to the e-mail address that he has communicated when entering and validating his order. The sale will not be concluded until the confirmation of the order.

2.3 Product Availability

Products sold on the site are offered within the limits of available stocks and exceptions reported.

In the event of unavailability of a product after validation of the order, KDP will inform the Customer as soon as possible by phone or email, to agree with him:
- to reimburse him for the amount of his order or, ,
- to postpone the delivery while waiting for this product to come back in stock, when this is possible.

The Customer releases KDP from any liability in the event of total or partial non-availability of the products ordered.

Article 3 Price

3.1 Product prices

The prices of products sold on the Site are indicated in euros inclusive of tax (VAT + all other taxes) ex works from KDP located in Paris.

They exclude processing and shipping costs. Delivery rates depend on the chosen delivery method (mail or courier delivery), as well as the destination, weight and volume of the package. They include a contribution to the cost of package preparation and transportation costs. KDP customer service is at your disposal for any questions.

3.2 Taxes

All prices are inclusive of French taxes (French VAT and other applicable taxes), unless otherwise stated, as in force on the date of acceptance of the order by the Customer.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These fees and sums are not the responsibility of KDP. They will be the responsibility of the Customer and are his responsibility (returns, payment to the competent authorities, etc.). KDP invites the Customer to consult the corresponding local authorities for information on these matters. The telecommunication costs necessary to access the KDP websites are the responsibility of the Customer. If applicable, the delivery costs are as well.

3.3 Revision

KDP reserves the right to revise its prices at any time. However, the products will be billed based on rates in effect when the Customer validates his order.

Article 4 Payment of the order

To be registered, the order must be paid in its entirety. Unpaid orders can not be delivered.

Payment of the order is made online by credit card: credit card, Visa, MasterCard, American Express, other blue cards (Ecard blue); or by PayPal.

The card is debited immediately. It is done at the time of online payment of your order. The currency used for the transaction is the Euro. The amount, debited from the account of the bank card used, will depend on the price of the Euro on the day of the debit and any exchange fees charged by the bank issuing the card.

To guarantee payment security, orders may be regularly checked . Within the framework of this procedure, we may have to suspend the processing of an order and contact the Customer or the recipient to obtain the necessary supporting documents to release the order: proof of address, identity or debit. In the case of in-store collection, the customer must submit the necessary evidence for the collection of his order: ID and credit card used when paying online. This supporting documentation must correspond to the delivery or billing details entered during the order and, where applicable, to the details of the holder of the payment card used.

KDP reserves the right to suspend the execution of any order that suffers a payment incident, the Customer being liable for the costs incurred for the recovery of the sums due by him, including reasonable legal fees.

The invoice corresponding to the order placed is available in the "My Account" section.

Article 5 Security

The Site is subject to a security system. Payment transactions are processed by Stripe, whose User is invited to consult the Terms and Conditions on this page: https://stripe.com/fr/legal. redit cards accepted for payment are Visa / American Express and Mastercard. The order validated by the Customer will be considered effective only when the payment centers have given their agreement. In case of refusal of the centers, the Customer is immediately informed by a message on the screen in which he is invited to contact the Customer Service to find another payment solution.

Article 6 Delivery of products

6.1 Delivery areas

Shipments are made in mainland France, Monaco and Corsica , Germany, Austria, Belgium, Corsica, Spain, Finland, Netherlands, Portugal, Luxembourg, Ireland, Italy, United Kingdom, Sweden.

The carrier used by default in France and Europe is Colissimo, Chronopost is offered as an option for delivery before 1pm in France, and the courier is offered as an option in the Paris region.

The courier delivery service offered in the Paris region serves the following cities: Paris, Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton, Clichy, Gentilly, Issy-Les-Moulineaux, Ivry sur Seine, Le Kremlin-Bicetre, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Les Lilas, Pantin, Prés-Saint-Gervais, Saint-Ouen, Saint-Mande, Saint-Denis, Vanves, Vincennes. >

6.2 Preparation of products

Packages are prepared and packaged by KDP in sealed and resistant packaging, appropriate to the contents and transport requirements. The logistics centre for the preparation of orders is located at the Manufacturing division at the following address:
KDP : 12, Rue Saint-Sabin, 75011 Paris.

6.3 Routing of the order

KDP agrees to process and route the order to the agreed destination, depending on the route, the procedure and the carrier it chooses.

The products are delivered to the delivery address that the Customer has indicated during the ordering process.

The Customer is responsible for the details of the name and address of the recipient, which must be precise, accurate and complete (door code, floor, telephone, etc.) to allow delivery, shipping by mail or by courier, under normal conditions. Orders indicating a postal box address can not be taken into account and processed.

For delivery by courier, the Customer is required to provide his mobile phone number.

KDP can not be held responsible for:
- a return of a delivery due to a wrong address or if it is impossible to deliver to the indicated address,
- the impossibility of delivering the order in the event of an error in the addressee's details, or
- the impossibility of delivering the order in the event of absence of the recipient when the courier, Colissimo, Chronopost or any other carrier delivers the package.
The redirection by mail of the parcel from the delivery address initially indicated, to a new delivery address or to another recipient will be charged to the Customer.

6.4 Delivery times

The products are delivered to the delivery address that was indicated at the time of the order and according to the indicated delivery times. This time does not take into account the time of preparation of the order.

Delivery times depend on the place of destination and the delivery method chosen (mail or courier delivery).

Delivery is guaranteed except in cases of force majeure, excluding strikes by the carriers, provided that the delivery address is precise, exact and complete, and provided that the person receiving the order is present at the time of delivery.

Delivery days depend on the chosen carrier and the season.

> The carrier chosen by KDP to make mail deliveries in mainland France, Monaco and Corsica is mainly Colissimo. Nevertheless depending on the period, other carriers may be requested. During peak periods (Easter, Christmas), order preparation times and delivery times may be lengthened.

In the event of temporary unavailability of an item, we can not guarantee the delivery time.

In the event of difficult weather conditions (heavy snowfall, floods, etc.), shipments and deliveries may be disrupted.

Please note that orders are not shipped or delivered on Saturdays, Sundays, holidays, the day before and days after public holidays.

KDP reserves the right to suspend shipments based on weather conditions. This information will appear on the Site.

In the event of a delay to a delivery by courier, KDP will contact the Customer by phone or email to propose a new date of delivery or a refund. In any event, in accordance with the law, in the event case of late delivery of more than 30 days, the Customer may cancel his order within 60 working days. In this case, if he has received the product, after its cancellation, KDP will proceed with the refund of the product and delivery costs, upon receipt of the product by it, complete and in its original condition.

KDP also invites the Customer to contact the Customer Service department, whose contact details are given below, for any question or problem. Customer service: eboutique@lecafe-alainducasse.com

6.5 In the event of non-receipt of the parcel at the first visit of the carrier

In the event of absence of the recipient or of a person who can take possession of the products upon delivery, the carrier will deposit the parcel in the mailbox of the recipient if its size allows it.

Otherwise, the carrier will post a note indicating the procedure for picking up the package. These may vary from case to case. There are two options:

> The carrier pays a second visit- in this case, the recipient of the package must contact the delivery person (Colissimo/Chronopost) to agree on the second visit;

> The parcel has been deposited in the nearest carrier's (Colissimo/Chronopost) office, or at a relay point - the recipient must then pick up the parcel.

Under no circumstances may be held responsible for a delay in delivery or any deterioration of the products due to their late collection from the carrier. KDP means, by late collection, any collection made two (2) days after the first delivery attempt of the carrier.

6.6 In the event of non-receipt of the parcel at the first visit of the courier

In case of absence of the recipient, the courier will try to contact the Customer by phone. If he is not reachable, the courier will return the order to the logistics centre which prepared the order.

6.7 Circumstances beyond the control of KDP

can not be held responsible for losses, damages, errors or failure of delivery of a shipment once the existence of circumstances beyond its control is established.

KDP reminds you that at the moment the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any provisos regarding the delivered product.

6.8 In-store collection

In the case of an order requiring in-store collection, the Customer agrees to collect his order at the collection point he has chosen: at La Manufacture located 12 rue Saint-Sabin, 75011 Paris or in the stores located at 47 rue Cherche-Midi, 75006 Paris, and Unit 16, Bagley Walk Arches, London N1C 4DH in the selected day.

As the products are perishable, KDP will not be able to keep an order that the Customer has not collected. Any order not collected within 7 days of the requested date will not be refunded or replaced.

Article 7 Cooling off period

We accept returns on non-perishable products (equipment and accessories) in their original packaging and not unsealed. The Customer has a period of 14 days from the date of delivery to return the property to KDP.

Returns are refused on perishable products, agri-food in accordance with Article L121-21-8 of the Consumer Code "the right of withdrawal can not be exercised for contracts for the supply of goods likely to deteriorate or expire quickly" , and on products that have been removed from their packaging or whose packaging has been unsealed.

All orders of products with specific instructions adapted to the Customer's request (eg specific grind type Espresso, filter, etc.), can not be subject to any withdrawal from the customer in accordance with Article L121- 21-8 of the Consumer Code.

However, and as far as possible, a modification or cancellation by him may be taken into account to the extent that the package is in preparation and has not yet been delivered to the carrier. This possibility is assessed on a case by case basis. In the event of cancellation, the Customer will be reimbursed for his order.

However, from the moment the package is sent by mail or courier, no modification or cancellation can be taken into account and the price paid will not be returned.

Article 8 Transfer of ownership and transfer of risk

The transfer of ownership of the products to the benefit of the Customer takes effect only after full payment of the price by the latter.

KDP insures the goods up to the place of delivery. The risk of transport is borne by the buyer. It is the recipient's responsibility to check the parcel in the presence of the carrier. In case of damage or missing items, he shall write any provisos on the delivery slip.

Article 9 Conformity of products

The Customer must ensure the conformity of the delivery with his order. Any damage (visibly defective, damaged or damaged products or products not corresponding to the order).

Article 10 Claim and Refund

10.1 Claim

Any claim must, to be taken into account, be made within two (2) days of receipt, given the perishable nature of the products. Claims are to be sent:
- by post, to the following address: KDP, 12, Rue Saint-Sabin, 75011 Paris
- by e-mail via the form located in the "Contact" section.
Any claim must be reasoned and accompanied by proof of the damage suffered (bill of lading, photos of the parcel received ...).

10.2 Refund

After analysis and acceptance of the claim by KDP, it agrees to reimburse the Customer. Any refund will be made as soon as possible and no later than 30 days following the date on which the right was exercised.

The refund will be made at the proposal of KDP by crediting the bank account of the Customer who placed the order.

The benefits obtained upon the purchase of the product will be cancelled in case of refund of the product.

10.3 Mediation

According to Article L. 612-1 of the Consumer Code "Every consumer has the right to make free use of a consumer mediator for the amicable resolution of the dispute with a professional."

Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely contractual disputes, involving the execution of a contract of sale or supplies of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.

For any difficulty, the Customer may first contact KDP or contact the KDP after-sales service:

KDP
E-store customer service: eboutique@lecafe-alainducasse.com
Tél : +33(0)140027690
Monday to Friday from 9:30am to 18:00pm.


In the year following the Customer's request to KDP, pursuant to Article R. 616-1 of the Consumer Code, the Client may have his request examined by a mediator whose details are given below, in the knowledge that a dispute can not be examined, except in exceptional cases, by a single mediator:
Maître Florence MILLELIRE, lawyer at the Paris Bar and mediator.
8, rue Joseph Bara 75006 Paris
www.avocatmillelire.com

Cross-border disputes: European Consumer Centre France: europe-consommateurs.eu
The Customer may, at his expense, be assisted by a counsel.

Article 11 Customer Service

For any order follow-up, for a complaint or for any question relating to your order, we have supplied you with the following e-mail:eboutique@lecafe-alainducasse.com ou notre formulaire de contact.

Article 12 Proof

Unless proven otherwise, the data recorded by KDP is proof of all transactions made by KDP and its customers.

Article 13 Guarantees

The deadline for the consumption of KDP products is indicated on each packaging. It differs depending on the variety of products selected.

KDP guarantees the quality and freshness of its products, provided that they are kept in a dry and cool place (between 15 ° C and 18 ° C) away from light, moisture and odours.

13.1 Statutory guarantees

In accordance with the law, KDP assumes two guarantees: the guarantee of conformity and the guarantee relating to the latent defects of the products. KDP reimburses the Customer or exchanges defective products or those not corresponding to the order made.

KDP reminds you that the Customer:
- has a period of 2 years from the delivery of the property to make a claim to KDP
- may choose between the replacement and the refund of the product.
- can also assert the guarantee against latent defects of the item sold pursuant to article 1641 of the civil code and, in this case, may choose between the cancellation of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).

Article 14 Prohibitions

The Customer must not under any circumstances resell the products that are intended for his personal use or that of the recipient of his order. .

Article 15 Mentions légales concernant le site

The products offered for sale on this site are marketed by the company KDP, a simplified joint-stock company with share capital of 50.000 € euros whose registered office is Immeuble Bords de Seine 1 - 3 Esplanade du Foncet 92130 Issy les Moulineaux, registered in the Trade and Companies Register of NANTERRE under number 425 041 134 and with intra-community VAT number FR20 425 041 134.

To contact us: Phone: +33(0)140027690

Email: eboutique@lecafe-alainducasse.com

Hosting: OVH, 2 rue Kellermann, 59100 Roubaix.

Email : support@ovh.com

Article 16 Intellectual Property

All texts, comments, works, illustrations and images reproduced or depicted on the Site are strictly reserved under copyright and intellectual property rights and for the whole world. Any reproduction or total or partial representation of the site or all or part of the elements found on the site is strictly prohibited. Any creation of hypertext links to the site without the express permission of KDP is also strictly prohibited.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of KDP. No assignment of intellectual property rights is carried out through these T&C. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

Any fraudulent use of the trademarks, models, logos and names appearing on the Site, in violation of the rights of KDP as well as the companies and brands of the companies of Alain Ducasse Entreprise, constitutes an act of piracy that could incur the liability of its perpetrator on the basis of articles L713-2 et seq of the intellectual property code, and of community and international texts in the matter.

Article 17 Liability

17.1 The products offered comply with French legislation in force. The liability of KDP cannot be incurred non-compliance with the legislation of the country where the product is delivered (for example in the event of prohibition of a title...). It is the Client's responsibility to check with the local authorities the possibilities of importing or using the products he intends to order.

17.2 The photographs reproduced and illustrating the products presented are not contractual. They are as accurate as possible but cannot be completely faithful to the products on offer, especially as regards colours and shapes. KDP invites the Customer to refer to the description of each product to find out the precise characteristics.

17.3 In the event of non-compliance with its commitments and whatever the cause, KDP will be bound only by the reimbursement of the service, subject to the provisos set out above and in no event any indirect damages that the Customer may invoke. These indirect damages and losses include any loss of income, profits, interest or markets and any loss related to the inability to use all or part of the shipment.

17.4 KDP does not sell to professionals. 17.4 KDP is not intended to sell to professionals.

17.5 www.lecafe-alainducasse.com, the official website of the brand Le Café Alain Ducasse, is the only website authorised to sell Le Café Alain Ducasse products. Any purchase on another website would be equivalent to buying a counterfeit item. The Customer (or the beneficiary) must under no circumstances resell the Café Alain Ducasse products that are intended for his personal use. It is recommended to keep proof of purchase. We reserve the right not to respond to claims by a Beneficiary who has acquired the Café Alain Ducasse products outside the official distribution network and in particular directly from an individual.

17.6 KDP rejects any liability in the event of difficulty of access to its site or interruptions in the connection, whatever the causes. Moreover, it cannot be held liable for any damage or virus that could infect your computer or any computer equipment, following use or access to the site or download from this site.

17.7 The hypertext links established within the framework of this website to other online resources are offered for convenience only, and their content or the links they contain, or any changes or omissions or updates made to them cannot incur the responsibility of KDP.

Article 18 Personal information and right of access to records

18.1 "Data Processing and Freedoms" Act and GDPR

The information and data concerning the Customer are necessary for the management of his order and commercial relations. They may be passed on to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable KDP to improve and personalise the services it offers and the information it sends.

In accordance with the Data Protection Act of 6 January 1978 and EU Regulation 2016/679 of 27 April 2016 (GDPR), the Customer has a right of access and rectification and opposition to personal data concerning him. He need merely write to KDP, Data Protection Officer,1-3 esplanade du Foncet – 92141 ISSY LES MOULINEAUX or by email to dpo@ducasse-paris.com by indicating his name, first name, e-mail address and, if possible, his customer reference. In accordance with regulations in force, this application must be signed and accompanied by a photocopy of an identity document bearing his signature and specifying the address to which the reply must be sent. A reply will then be sent within one (1) month of receiving the request.

Depending on the choices made by the Customer during the creation or consultation of his account, he may receive offers from KDP (Newsletters) as indicated when the account is created. If he no longer wishes to receive these offers, he may unsubscribe by clicking on the link of the Newsletter provided for this purpose.

Pour consulter notre politique de confidentialité, cliquez sur le lien suivant : https://www.lecafe-alainducasse.com/en/content/6-personal-data

Article 19 Force majeure

Neither KDP nor the Customer may be held liable in case of non-performance or delay in the performance of one of its obligations described in these T&C which result from a case of force major, as defined by the courts.

Article 20 Independence of clauses

If any of the clauses of these T&C are declared inapplicable or invalidated for any reason, this invalidity will not affect the application or the validity of the other clauses of these general conditions, the one invalidated or deemed inapplicable then being replaced by the closest possible provision.

Article 21 Applicable law

These general terms and conditions are governed exclusively by French law. The language of this contract is French. In the event of a translation, only the French version is authentic.

In the absence of an amicable resolution, the French courts will be solely competent to hear any dispute or difference concerning them.

cannot be held liable for non-compliance with the regulations of a foreign country where the products marketed on this site are delivered.

KDP thanks you for using the site www.lecafe-alainducasse.com.

Article 22 Update

We may need to change this page periodically. Consequently, we invite you to regularly consult our general terms and conditions of sale.