TERMS AND CONDITIONS - (INTERNET)

ARTICLE 1 - SCOPE OF APPLICATION 

1.1. These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by SARL LCM ("the Seller"), a limited liability company, registered with the RCS under number 952 141 448, domiciled at 5 Rue Clément, 67000 Strasbourg, France, to consumers and non-professional buyers of legal age ("the Customer"), wishing to purchase the products offered for sale by the Seller on the website www.mokka-strasbourg.fr ("the Website").

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products appearing in the catalog of the online store ("La Boutique en Ligne"), ordered by Customers.

1.2. The main characteristics of the Products are presented on the Web Site.
The Customer is obliged to familiarize himself/herself with them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and information presented on the Web Site are not contractual and in no way engage the responsibility of the Vendor.
In the event of any discrepancy between these photographs and information on the one hand, and the Product(s) chosen by the Customer on the other hand, the Vendor cannot be held responsible.
The Vendor reserves the right to modify the composition of the Products according to the hazards linked to the supply of raw materials and/or by virtue of the precautionary principle.
Product offers are subject to availability, as specified when the order is placed.

1.3. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at all times on the Website and shall prevail, where applicable, over any other version or any other contradictory document.

1.4. The Customer declares that he/she has read these General Terms and Conditions of Sale and accepted them by ticking the appropriate box before proceeding with the online ordering procedure, as well as the general terms and conditions of use of the www.mokka-strasbourg.fr website.

1.5. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

1.6. In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions entered into with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right, at any time, to access, rectify, oppose, delete and port all his personal data by writing, by post and providing proof of his identity, to:

MOKKA - SARL LCM
2 PLACE CLEMENT
67000 STRASBOURG

1.7. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

ARTICLE 2 - ORDERS

1. User name and password

At the time of the first order, a user name and password are chosen by the Customer. The username and password serve as proof of the Customer's identity and bind him/her to any order placed by him/her. The Customer is solely responsible for his username and password, and will bear the consequences of any use made of them by third parties, unless he can demonstrate that knowledge of the username and password is the result of a fault on the part of the Vendor. If the Customer forgets his/her password or user name, he/she can use the Website to retrieve his/her user name and choose a new password.

2.2- Orders

The Customer undertakes to fill in the order form accurately.
The Products presented in the online Boutique catalog may under no circumstances be the subject of a request for modification of their composition or presentation.

The Customer undertakes not to resell the Products, as the order must be for personal use or for the personal use of the person for whom the shipment is intended.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The registration of an order on the Vendor's site is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
In the event of an error in the Customer's contact details, the Vendor may under no circumstances be held responsible for the impossibility of delivering to the recipient.

The sale will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, and once the Vendor has received payment in full.

Any order placed on the www.mokka-strasbourg.fr website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

ARTICLE 3 - PRICES

The Products are supplied at the current prices shown on the www.mokka-strasbourg.fr website, at the time the order is registered by the Vendor. Prices are expressed in Euros, inclusive of VAT.

Prices take into account any discounts granted by the Vendor on the www.mokka-strasbourg.fr website

. These prices are firm and non-revisable during their period of validity, as indicated on the www.mokka-strasbourg.fr website, the Vendor reserving the right, outside this period of validity, to modify prices at any time. They do not include delivery charges, which are invoiced in addition, and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is drawn up by the Vendor and made available to the Customer in his personal space on the www.mokka-strasbourg.fr website.

ARTICLE 4 - TERMS OF PAYMENT

The price is payable in cash, in full, on the day the order is placed by the Customer, by the various secure payment methods, by bank card (Visa, MasterCard, American Express or other credit cards), PAYPAL, APPLE PAY, STRIPE or GOOGLE PAY.

To be registered, the order must be paid for in full. Unpaid orders cannot be processed.

ARTICLE 5 - SHOP PICK-UP

The Customer undertakes to pick up his order in the Vendor's store ("The Shop"), the address and opening hours of which are mentioned on the Internet Site. The Customer must specify at the time of order the date and time slot on which he wishes to collect his order during the opening hours of the Boutique in order to take possession of his order. This information will be included in an order summary e-mail. In the event of no-show on the chosen collection day, the Vendor does not guarantee the availability of the order. The Customer will not be entitled to any reimbursement.

6 - PRODUCT AVAILABILITY

6.1. Products sold on the Website are offered subject to availability. A product that has become unavailable will be removed from the online product catalog as soon as possible.

6.2. However, in the event of a stock shortage, the Vendor will contact the Customer by telephone or e-mail as soon as possible in order to agree with the Customer:
- to postpone delivery until the Product is restocked, where possible; or
- to replace the Product with another equivalent in quality and price.

ARTICLE 7 - TRANSFER OF OWNERSHIP - TRANSFER OF RISK

7.1. In accordance with the provisions of article L.216-4 of the French Consumer Code, when the Vendor undertakes the delivery of the Product sold, the transfer of risks will take place when the customer takes physical possession of the Product.

7.2. The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 8 - WITHDRAWAL

In accordance with article L.221-28 of the French Consumer Code, "the right of withdrawal cannot be exercised for contracts [...]:
-for the supply of goods made to the consumer's specifications or clearly personalized;
-for the supply of goods likely to deteriorate or expire rapidly;
-for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;".

For other Products, in accordance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition for presentation and conservation, within fourteen days of notification to the Vendor of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be returned to the Vendor..) to enable them to be marketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be taken back.

The right of withdrawal may be exercised online, using the contact form available on the Website www.mokka-strasbourg.fr, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.

Returns must be sent to the following address:
MOKKA - SARL LCM
2PLACE CLEMENT
67000 STRASBOURG

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery charges will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 9 - PRODUCT WARRANTY

9.1. The Seller warrants to the Customer that the goods are manufactured and packaged in accordance with strict quality rules and kept in accordance with the standards in force in France.

9.2. In accordance with legal provisions, the Products supplied by the Vendor are automatically covered by:
- the legal warranty of conformity, for Products which appear to be defective, damaged or not corresponding to the order,
- the legal warranty against hidden defects

It is reminded that within the framework of the legal warranty of conformity, the Customer
- benefits from a period of two years from delivery of the goods to take action against the Vendor;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions stipulated in article L 217-9 of the French Consumer Code;
- is exempt from having to prove the existence of the Product's lack of conformity during the 24 months following delivery of the Product.

The Customer may decide to invoke the warranty against hidden Product defects in accordance with article 1641 of the French Civil Code; in this case, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

In order to assert his rights, the Customer must inform the Vendor, in writing, by e-mail or post, of the non-conformity of the Products within a maximum period of three days from delivery of the Products or of the existence of hidden defects (except for perishable Products of shorter duration) and return or bring back to the store the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions, etc.)...).

The Vendor will refund or replace Products deemed to be non-conforming or defective.
Shipping costs will be refunded on the basis of the invoiced rate, and return shipping costs will be refunded on presentation of receipts.
Reimbursements for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Vendor's finding of the non-conformity or hidden defect.
Reimbursements will be made by crediting the Customer's bank account used at the time of purchase.

In the case of perishable products, the Vendor may not be held liable in the event of failure by the Customer to comply with optimal storage conditions and/or instructions, or if the Customer has consumed products beyond the best-before date indicated on the packaging; in any event, for all Products sold, the Vendor may not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

ARTICLE 10 - INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

Pursuant to the French Data Protection Act 78-17 of January 6, 1978, as amended by Act no. 2018-493 of June 20, 2018, we remind you that the personal data requested from the Customer is necessary for the processing of the order and, in particular, for the preparation of invoices.

This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Website www.mokka-strasbourg.fr complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her.

This right may be exercised under the conditions and according to the procedures defined on the www.mokka-strasbourg.fr website.

 ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the www.mokka-strasbourg.fr website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Vendor retains ownership of all intellectual property rights to the forms, recipes, photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to providing the Services to the Customer. The Customer therefore refrains from reproducing or exploiting the said forms, recipes, studies, drawings, models and prototypes, etc., without the Vendor's express, prior, written authorization, which may be conditional upon financial consideration.

ARTICLE 12 - FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.

The Party observing the event shall immediately inform the other Party of its inability to perform its obligations, and shall justify this to the other Party. The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

Performance of the obligation is suspended for the duration of the force majeure event if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by e-mail giving rise to an acknowledgement of receipt by the addressee, and failing this by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive, the present contract will be purely and simply cancelled.

During this suspension, the Parties agree that the costs generated by the situation will be borne by the impeded party.

ARTICLE 13 - APPLICABLE LAW - DISPUTES

These General Terms and Conditions and all the operations referred to herein are governed by French law. In the event of a dispute, the Customer shall contact the Vendor to find an amicable solution. Failing this, the matter will be brought before the competent Strasbourg courts.