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GENERAL TERMS AND CONDITIONS
Last Updated on Monday, January 8 2024 at 10:30 am
We are CAPS ME, a société par actions simplifiée (simplified joint stock company) registered in the Evry Trade and Companies Register under no. 884 938 481, with registered offices at 3 rue Joliot Curie, 91190 Gif-sur-Yvette.
You can contact us at the following e-mail address: [email protected]
These general terms and conditions of sale (the " Terms and Conditions ") apply without restriction or reservation to all online sales offered on our website https://www.capsme.fr/ (the " website ").
The Site is an e-commerce site enabling you to purchase a kit including refillable and reusable capsules, lids and their refillers (shakers), as well as various everyday consumer goods associated with the world of coffee, offered for sale on the Site (the "Products"). Products ").
- What do you need to know about our General Terms and Conditions?
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What are our General Conditions for? |
Our General Terms and Conditions constitute the sole document governing our contractual relationship and define :
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Where can I find our General Terms and Conditions? |
You can find them via a direct link at the bottom of the site. |
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How to accept our Terms and Conditions |
You accept the Terms and Conditions:
This acceptance must be full and complete. Any conditional acceptance is considered null and void. If you do not accept our Terms and Conditions in full, you must not place an order on the Site. The General Conditions may be supplemented by special conditions which, in the event of contradiction, take precedence over the General Conditions. |
All payments made through our Site are handled by the payment service provider indicated on the Site (the "Payment Service Provider"). Payment Service Provider ").
You contract directly with the Payment Service Provider for the implementation of these payments, by accepting its terms and conditions, through a checkbox on the Site.
Conversely, termination of our contractual relationship will result in termination of your contract with the Payment Service Provider.
In the event of any contradiction between the Payment Service Provider's general terms and conditions and our General Terms and Conditions, the latter shall prevail.
You expressly authorize us to transmit to the Payment Service Provider all your instructions relating to payments made on the Site.
Before ordering any products online, and in particular in application of the provisions of article L111-1 of the French Consumer Code, you can view the characteristics of each Product you wish to order on the Site.
The Products are offered for sale online while stocks last, subject to the possibility of ordering them if necessary.
The photographs and descriptions of the products offered for sale online are as accurate as possible and only commit us for what is precisely indicated. You are however informed and accept that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints.
The Products comply with all French standards, laws and regulations relating to health, safety and consumer protection.
The safety and quality of the Products are guaranteed by compliance with the rules governing transport and storage of the Products until delivery.
Nevertheless, if you find that the safety or quality standards are not respected, you undertake to inform us immediately by sending an email to the following address [email protected] to enable us to remedy the situation as quickly as possible.
How to order our products?
To place an order, you must select the Product(s) of your choice and place them in your basket. Some Products can be ordered in one go or as part of a subscription, the conditions of which are described on the Site and in the article " Subscription ". How long does a subscription last? (l'" Subscription ").
You can access the summary of your basket at any time before the order is definitively validated, and correct any errors in the elements you have entered.
The order is deemed received when we have access to it.
You may place an order for products with or without prior registration on the Site.
You must complete the form provided for this purpose on the Site.
Registration automatically opens an account in your name (the " account ) giving you access to a personal space (the "Personal Space"). Personal Space ") enabling you to manage your purchases in the form and using the technical means deemed most appropriate. You can access your Personal Space at any time by logging in using your login and password.
You undertake to update this information in your Personal Area in the event of any changes (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.
You undertake to use your Account personally and not to allow any third party to use it in your place or on your behalf, except at your own risk.
You are likewise responsible for maintaining the confidentiality of your login and password, any access to the Site using the latter being deemed to have been made by you. You must immediately contact us using the contact details given in the article "Contact us". Who are we? "if you become aware that your Account has been used without your knowledge. You acknowledge that we have the right to take all appropriate measures in such a case.
You must provide us with all the information marked as mandatory. Orders that do not include all the required information cannot be validated.
You warrant that all information given in the registration or order form is accurate, up-to-date and truthful and is not misleading.
Once your order has been placed, you will receive an email confirming your order:
- summarizes the elements of the order and the expected delivery time,
- includes the General Terms and Conditions in force on the day of the order,
- includes the invoice corresponding to the order.
You must ensure that the contact details entered in your Account or communicated at the time of your order are correct and that they enable you to receive the order confirmation email. If you do not receive it, you must contact us using the contact details given in the article "About us". Who are we? ".
We recommend that you retain the information contained in the order confirmation.
The order confirmation is deemed to have been received when you can access it.
Once you have subscribed to a Subscription, it begins on the day of subscription for a period indicated on the Site and in your order confirmation.
It is tacitly renewed for successive periods of the same duration as the initial period (together with the initial period, the " Periods "), from date to date, unless the Subscription is terminated in accordance with the conditions set out in the article " How do I terminate my Subscription? ? ".
According to article L215-1 of the French Consumer Code:
"For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules regarding consumer information."
What are our financial terms?
The sale prices of the Products are displayed on the Site.
They are quoted in euros, inclusive of all taxes (French VAT and other applicable taxes).
We reserve the right, at our discretion and on terms to be determined by us, to offer promotional offers or price reductions.
Prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before your order is validated.
The applicable price is the one displayed on the Site at the time your order is registered.
Please note: Outside the European Union and in the French overseas departments and territories (DROM-COM), customs duties or local taxes may be payable and may be invoiced on receipt of the parcel in addition to the price already paid to us. These duties and taxes, the exact amount of which we are unable to determine in advance and which we are therefore unable to inform you of prior to your order, remain at your expense. You are solely responsible for fulfilling any declarations and/or formalities.
The full price of the products is payable at the time of order.
You can pay online:
- by credit card, using the secure online payment service indicated on the Site, or by any other means proposed on the Site at the time of the order;
- in the case of a Subscription, by direct debit when the Subscription is taken out, and then each time a Period is renewed. Any Period begun is due in full.
You guarantee that you have the necessary authorizations to use the chosen method of payment.
We reserve the right to suspend or cancel any order, including a Subscription, and/or delivery in the event of non-payment of any sum due to us, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties equal to 1.5 times (one and a half times) the French legal interest rate will be applied automatically to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.
Purchase invoices will be sent to you by email, by order in the case of a single purchase or by Period in the case of a subscription.
We retain full and complete ownership of the Products sold until full payment has been received, including delivery costs.
If an exchange rate is applied, the exchange charges applicable on the date of payment of the price are at your expense. Where applicable, you are solely responsible for payment of all bank charges relating to the payment of prizes, with the exception of our bank's charges.
Orders are prepared and packaged on our premises with care and diligence, and in compliance with current regulations governing the sale of food products to private individuals. In this respect, we undertake to respect, and to ensure that our suppliers and service providers involved in the marketing of the Products respect, the regulations in force relating to the conservation, safety, labelling and traceability of food products, particularly with regard to packaging and conservation of the Products. Where applicable, Products must be consumed before the expiration date indicated on each one.
What are the delivery terms for our Products?
Products can be delivered anywhere in the world.
Products ordered on the Site will be delivered to the address that you have indicated at the time of ordering as the "delivery address" (which may differ from the billing address).
Different delivery methods may be possible, depending on the category of Products and their weight.
Before confirming your order, you will be informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.
You must select the desired delivery method and provide all the information required for effective delivery of the Product by this method.
The Site mentions, for each Product offered for sale, indicative delivery times according to territories and delivery methods.
The actual delivery time will be confirmed in the order confirmation email.
In the event of failure to deliver within the aforementioned period, you may cancel the order by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having requested us, in the same manner, to make delivery within a reasonable additional period, the order has not been fulfilled within this period.
The contract shall be deemed to have been terminated upon receipt of the letter or written notification of termination, unless the order is fulfilled in the meantime.
In the event of termination of the contract as described above, you will be reimbursed for all sums paid in connection with the order, including delivery costs, within 14 days of the date on which the contract was terminated.
We reserve the right in any event to approach you in order to propose alternative solutions for reimbursement of the price of the Products and delivery costs. You will have to express explicitly and on a durable medium your acceptance of the choice of an alternative method of reimbursement.
Do you have a right of withdrawal?
You have the right to cancel your order within 14 calendar days from the date of receipt of the Products ordered. without having to justify your decision or pay any penalties, with the exception of the cost of returning the Products, which remains at your expense.
A deduction of 8€ is made on returns for refunds. This charge corresponds to a contribution towards logistics costs.
In the case of a Subscription, this period runs from the date of receipt of the last Product.
You can exercise this right free of charge by sending us before the end of the period to the contact details given in the article "About us :
- the completed withdrawal form available at Appendix 1or
- any other unambiguous statement expressing your wish to withdraw and including your order number.
Products must be returned to us in their original packaging, without undue delay, and at the latest within 14 calendar days of notification of your intention to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. You will be deemed responsible in the event of deterioration of the Products on their return to our premises.
If you exercise your right of withdrawal, we will reimburse you for all payments received, using the same means of payment that you used (unless you expressly accept a different means), without undue delay and no later than 14 calendar days from the day on which we were informed of your wish to withdraw.
You acknowledge that you do not benefit from the right of withdrawal on all Products sold on the Site, since the right of withdrawal cannot be exercised in respect of Products that you have unsealed after delivery and which cannot be returned for reasons of hygiene or health protection (in particular in the case of the return of an unsealed packet of coffee).
If you purchased one of our products through an authorized reseller, please note that refunds are not handled by our e-commerce site. We cannot issue refunds for products purchased through our resellers. We encourage you to refer to the General Terms and Conditions (GTC) of that specific reseller for their refund policy.
For purchases made at trade show events, please note that the right of withdrawal (and consequently the right to a refund) may not be applicable according to current regulations. We recommend that you check the specific purchase and refund conditions when purchasing our products at trade fairs, as they may differ from those on our e-commerce site. This policy aims to clarify procedures and ensure a clear understanding of refund conditions depending on the specific purchase channel. Should you have any further questions, please do not hesitate to contact us at [email protected].
Our commitment is to provide you with a quality experience. If, for any reason, you are not completely satisfied with your purchase, our money-back guarantee is valid for 30 days from the date of delivery.
In the event of a design defect or if the product arrives damaged, you can choose between a full refund or a new order at no extra cost.
If you are not satisfied with your purchase, please contact our customer service department within 30 days of receipt. Our team will do its utmost to find a suitable solution for you.
If we are unable to resolve your problem, we will refund your order, provided the product is returned to us in its original condition.
For all returns involving a refund, an 8€ deduction will be applied. This fee is intended to cover part of the logistical costs associated with processing returns.
Please note that our liability is limited to design defects or damage occurring before or during delivery. We cannot be held responsible for damage or defects occurring after receipt and normal use of the products.
For CAPS ME products purchased through our authorized resellers, refund and warranty conditions are governed by the policies of these resellers. We encourage you to familiarize yourself with their policies before proceeding with your purchase.
We are committed to providing quality products and guaranteeing customer satisfaction. If, despite our best efforts, you are not satisfied with your purchase, please do not hesitate to contact us. We will do our best to resolve any concerns. This policy complies with current legal provisions and aims to ensure a transparent and satisfactory purchasing experience for our customers. If you have any further questions or need clarification, please contact us at [email protected].
If you find that the Product delivered has a defect, a lack of conformity or is damaged, you must inform us using the contact details given in the article "Contact us". Who are we? "of these terms and conditions, indicating the nature of the defect, non-conformity or damage found and sending us any useful evidence, in particular in the form of photograph(s).
We will organize the return shipment with the carrier of our choice, and will inform you of this by any appropriate means. We will bear the cost of the return.
Products must be returned in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the above conditions will not be accepted.
We will carry out the necessary checks and offer to replace the Product where possible. If it is impossible to replace the Product, we will refund you the full price paid for the Product and the corresponding delivery charges, by any appropriate means, as soon as possible and at the latest within 14 days of the date on which we inform you that it is impossible to replace the Product.
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Consumers are reminded that, when acting under the legal warranty of conformity, all : It is also reminded that the legal warranty of conformity applies independently of any commercial warranty that may have been granted. Any consumer may also decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code. |
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used on our Site are protected by all applicable intellectual property rights or database producers' rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without our authorization, are strictly prohibited and may be subject to legal action.
You are solely responsible for the use and preservation of the Products from the time of delivery. You must check the suitability of the Products for your specific needs before purchasing them. We shall not be held liable for any use of the Products that does not comply with their intended purpose.
You are informed and accept that the information entered at the time of ordering is proof of your identity.
You are solely responsible for their accuracy, sincerity and completeness, and we cannot under any circumstances be held responsible for any errors, misprints, omissions or information likely to mislead the carrier or ourselves, as a result of your failure to comply with this clause.
Under no circumstances shall we be held liable if the delivery of Products is rendered impossible due to an order error attributable to you.
Where applicable, you must also take the necessary steps to back up by your own means any information from your Personal Space that you may deem necessary, no copy of which will be provided to you.
Finally, it is your responsibility to take all appropriate measures to protect your own data and/or software stored on your computer equipment against any attack.
We undertake to carry out regular checks to verify the operation and accessibility of the Site. In this respect, we reserve the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, we cannot be held responsible for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond our control, force majeure, or disruptions to telecommunications networks.
We provide no guarantee that the Products will meet your needs, expectations or constraints.
We cannot be held responsible for the non-performance or delay in performance of sales contracts due to circumstances beyond our control or to force majeure, it being expressly specified that, in addition to those usually accepted by French case law, the following are considered to be cases of force majeure: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses which cannot be eradicated by the security measures available on the market, as well as any legal, regulatory or public order obligation imposed by the competent authorities which would have the effect of substantially modifying the General Terms and Conditions.
In any event, our liability hereunder is expressly limited to proven direct damages that you may suffer.
Furthermore, our liability is excluded in the event of direct or indirect damage to property or persons, suffered by a third party or yourself, and resulting from the following cases:
- Negligence or fault committed by a third party or yourself ;
- Allergy caused by the consumption of the Products, not caused by a lack of information attributable to us;
- Natural shelf life ;
- Any use of the Products in manifestly non-compliant conditions.
We reserve the right to insert on any page of the Site and in any communication addressed to you any advertising or promotional messages in a form and under conditions of which we are the sole judges.
We cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including our possible partners) to which you may have access via the Site.
We accept no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
We are also not responsible for any transactions between you and any advertiser, professional or merchant (including any of its partners) to whom you may be directed through the Site, and will not be a party to any disputes with such third parties concerning the delivery of products and/or services, warranties, representations or other obligations of any kind to which such third parties are subject.
The following are strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into our systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the Site's infrastructures, (v) any breaches of security and authentication measures, (vi) any action likely to prejudice our financial, commercial or moral rights and interests or those of the users of our Site, (vii) any practice diverting the Site to purposes other than those for which it was designed and, finally, more generally, (viii) any breach of the General Terms and Conditions or of the laws and regulations in force.
Likewise, it is strictly forbidden to monetize, sell or grant access to all or part of the Site or the information it contains, or to resell Products intended for your personal use.
In the event of failure to comply with any of the provisions of the present article or, more generally, of breaches of laws and regulations, we reserve the right to take all appropriate measures and to initiate any legal action.
Proof may be established by any means.
You are informed that the messages exchanged via our Site as well as the data collected on Site and our computer equipment constitute the principal mode of proof admitted, in particular to demonstrate the reality of the Services carried out and the calculation of their price.
We have a privacy policy that you can access here. We invite you to read it.
The Subscription must be terminated no later than 15 days before the end of the current Period, by :
- You, by sending us a request to the contact details mentioned in the article "Who are we?,
- We, by sending you an email.
You can unsubscribe from our Site by sending us a request to the contact details mentioned in the article "Who are we?.
We may delete any Account if it has been inactive for a continuous period of more than 24 months.
We may amend our General Terms and Conditions at any time and will inform you by any written means (and in particular by e-mail) at least 15 calendar days before they come into force.
The modified Terms and Conditions apply when you renew your Subscription.
If you do not accept these modifications, you must terminate your Subscription in accordance with the terms and conditions set out in article "How do I terminate Services?.
If you do not cancel your Subscription after the entry into force of our amended General Terms and Conditions, we will consider that you have accepted them.
When you have an Account, we may modify our General Terms and Conditions at any time and will inform you by any written means (and in particular by e-mail) at least 15 calendar days before they come into force.
If you do not accept these modifications, you must unsubscribe in accordance with the terms and conditions set out in article "How do I unsubscribe from the Site?.
If you do not have an Account, the Terms and Conditions applicable will be those in force at the date of your order.
In the event of contradiction or dispute as to the meaning of any term or provision, the French language shall prevail.
In the event of a dispute between us, you can contact the following consumer mediator free of charge to reach an amicable settlement:
Consumer mediation center of justice conciliators (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Phone: 01 89 47 00 14
If you are a foreign consumer located in the European Union, you can visit the European Consumer Law Dispute Resolution Site, accessible here.
Our Terms and Conditions are governed by French law.