Order

ARTICLE 1 - Scope of application

1.1 Application of the General Terms and Conditions
These General Terms and Conditions of Sale apply when you place an order with the Seller SARL BROOKLYN FINE FOODS on its website www.clintonhill.fr. Contracts between the Customer and SARL BROOKLYN FINE FOODS and/or its successors and assigns are binding between the parties. The customer acknowledges having read the general terms and conditions of sale at the time of ordering by checking the box "I have read and accept the general terms and conditions of sale".

1.2 The General Terms and Conditions of Sale prevail over any other document
These General Terms and Conditions of Sale are accessible to you at any time on this website and prevail over any other version or any other contradictory document. The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.

1.3 Free modification of the General Terms and Conditions
These General Terms and Conditions may be modified as a result of the enhancement of our offers and legislative changes. In this case, these modifications become applicable as soon as they are put online and cannot be applied to transactions concluded previously.

1.4 Geographical zone
For products listed on the www.clintonhill.fr website, the delivery address must be located within the geographical zone available on the clintonhill.fr website.
 

ARTICLE 2 - Orders

2.1 How to place an order?
Buyers wishing to purchase a product or service must
- select the product(s) they wish to buy and configure them correctly;
- fill in the identification form with all the contact details requested, or give their customer ID if they have one;
- validate their order after checking it;
- make payment in accordance with the conditions laid down;
- confirm their order and payment.
Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one's own terms and conditions of purchase or any other terms and conditions.
All data supplied and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of the operations carried out.

2.2 Verification of registered information
The information that the purchaser registers when placing an order is binding: in the event of an error in entering the e-mail address concerned, or in the event of an error in the wording of the purchaser's contact details, SARL BROOKLYN FINE FOODS cannot be held responsible for non-receipt of the Order confirmation e-mail and/or any resulting delivery difficulties.

2.3 Confirmation of the order
SARL BROOKLYN FINE FOODS will send confirmation of the registered order by e-mail. The data recorded by SARL BROOKLYN FINE FOODS constitutes proof of the nature, content and date of the order. SARL BROOKLYN FINE FOODS will confirm acceptance of the order to the Customer at the e-mail address provided. The sale will only be concluded once the order has been confirmed.

2.4 Legitimate refusal to sell
SARL BROOKLYN FINE FOODS reserves the right to cancel any order from a Customer who has not paid for an order, or with whom there is an unresolved dispute relating, for example, to the payment of a previous order.

 
ARTICLE 3 - Prices

3.1 Prices applicable at the time of purchase
Prices are expressed in Euros, exclusive of VAT and inclusive of tax.
SARL BROOKLYN FINE FOODS reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only price applicable to the purchaser.
Only the price in force at the time of purchase is applicable. In other words, if the purchaser subsequently notices an exceptional promotion on a product, he/she will not be able to benefit from it. 

 
ARTICLE 4 - Terms of payment

4.1 Means of payment
All orders are payable in euros. Payment for purchases is made by bank card or bank transfer.
The Customer guarantees SARL BROOKLYN FINE FOODS that he/she is fully authorized to use the payment card to pay for his/her order and that his/her means of payment legally give access to sufficient funds to cover all costs resulting from his/her order on the www.clintonhill.fr website. Payment by credit card is debited immediately upon ordering. Payments made by the Buyer will only be considered definitive once payment has been received in full, and products will only be dispatched once the Seller has received payment in full.
 

ARTICLE 5 - Delivery

5.1 Delivery times
Deliveries are made to the address indicated on the order form, which can only be in a geographical area available on the www.clintonhill.fr website.
Delivery times will be communicated to the customer by e-mail once the order has been processed.
Indicative delivery times:
-France: 4 to 20 days from date of order
Delivery times are given as an indication only; if they exceed thirty days from date of order, the sales contract may be cancelled and the purchaser reimbursed.

5.2 Delivery charges
Unless otherwise stated, prices do not include delivery and transport charges. Delivery charges are calculated according to the weight of the package, the carrier and the geographical location selected by the purchaser. The price of delivery will be specified to the purchaser prior to order confirmation.
The risks are borne by the purchaser from the moment the products leave the premises of SARL BROOKLYN FINE FOODS. In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.
Except in special cases or where one or more products are unavailable, the products ordered will be delivered in a single shipment.
In all cases, if the parcel is returned to the sender because he/she has given incorrect postal details, the second delivery will be made at the Customer's expense. In this case, if the parcel is again returned to the sender, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery charges, will remain the property of SARL BROOKLYN FINE FOODS.

5.3 Verification by the Buyer
Delivery is deemed to have taken place as soon as the products ordered have been handed over by the Seller to the Buyer. SARL BROOKLYN FINE FOODS asks its customers to check the condition of orders upon receipt.

5.4 Unavailability of goods ordered
In accordance with Article L.121-20-3 of the French Consumer Code, in the event of failure to execute the order due to the unavailability of the goods ordered, the consumer will be informed of this unavailability and will be reimbursed without delay and at the latest within thirty days of payment of the sums paid. SARL BROOKLYN FINE FOODS may provide a good of equivalent quality and price with the agreement of the Buyer, and in this case, the return costs will be borne by SARL BROOKLYN FINE FOODS.
 

ARTICLE 6 - Right of withdrawal and returns policy

6.1 Right and period of withdrawal
In accordance with the law in force, the individual customer who purchases a good from the website clintonhill.fr website has a withdrawal period of 14 calendar days from receipt of the goods in question to notify BROOKLYN FINE FOODS (by e-mail to hello@clintonhill.fr) of their wish to return their order, and then 14 days from this notification to send it back to us.
Professional customers do not benefit from such a right.

6.2 Proof of compliance with the cooling-off period
In the event of a dispute with SARL BROOKLYN FINE FOODS, it is up to the customer to prove that he/she has complied with the legal cooling-off period. The customer must keep all traces (e-mail, post office receipt) that can prove compliance with the withdrawal period. 

6.3 Product return
For reasons of health and safety, only new, unused products in their original, undamaged packaging, suitable for resale, will be taken back, together with any accessories, instructions and documentation (in their original, sealed packaging). These conditions are cumulative. Any damaged product will not be taken back. This right of return excludes defects caused by use of the product not in accordance with the instructions, accidental damage or misuse.
The risks of transport are entirely the responsibility of the sender, and it is therefore the responsibility of the sender to take all necessary precautions to ensure the safety of the shipment, in particular by insuring the shipment. Brooklyn Fine Foods is not responsible for any damage caused by inadequate or inappropriate packaging while a product is in transit. Return costs are entirely the responsibility of the sender, except in cases where the return is motivated by an error on the part of Brooklyn Fine Foods in the preparation of the order or a product malfunction).
The Customer has 14 calendar days from the date of withdrawal to return the goods to SARL BROOKLYN FINE FOODS.

6.4 Refund period and method
No refund will be made if the customer has not respected the withdrawal period and until the goods have been returned to SARL BROOKLYN FINE FOODS, which will then offer the customer a refund in the form of a credit note or exchange. If the customer refuses a refund in the form of a credit note or exchange, the refund will be made by the same method of payment that the customer used for the initial transaction, unless expressly agreed otherwise with the customer.

6.5 Exception to the right of withdrawal for coffee orders
As an exception to the provisions of article L 121-20 of the French Consumer Code, the Buyer does not have a right of withdrawal following receipt of coffee orders. Indeed, in accordance with the law, this right cannot be exercised for edible goods for reasons of hygiene and safety. As a result, any coffee received cannot be returned.
 

ARTICLE 7 - Responsibility of the Vendor

7.1 Legal warranties
The products supplied by the Vendor benefit, in accordance with legal provisions, from
- the legal warranty of conformity,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
A latent defect is a manufacturing fault which only becomes apparent after the sale of the goods.

7.2 Legal warranties
In order to assert your rights, you must inform the Vendor, in writing, of the existence of the defects or lack of conformity within the legal time limit as of their discovery. The Vendor will replace defective or non-conforming products.

7.3 Exclusion of warranty in the event of fault on the part of the Buyer or force majeure
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as poor storage conditions for the Coffee. The Seller's warranty is limited to the replacement or reimbursement of non-conforming or defective products. The Vendor shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French jurisprudence.

7.4 Conformity of the products with the visual photographs
In addition, visual differences may exist between the product presentation photographs and the products received, due in particular to the technical hazards of the digitization process. However, these differences do not give rise to claims for compensation if they are not such as to mislead the consumer as to the nature and characteristics of the products. 

7.5 Browsing and security
In order to make the best use of our services, we recommend that you regularly update your browsers and install anti-virus software. You are also advised to keep your personal information (password, login, credit card number) confidential, and not to divulge it to any third party. SARL BROOKLYN FINE FOODS cannot be held responsible if this information is used as a result of your own negligence. 

7.6 Deactivation of customer account
If the Customer does not respect his/her contractual obligations, if he/she does not honor the payment of his/her order, or if he/she commits a serious wrongful act likely to prejudice SARL BROOKLYN FINE FOODS, SARL BROOKLYN FINE FOODS reserves the right to terminate his/her account. In any event, SARL BROOKLYN FINE FOODS retains the right to take legal action even after the account has been terminated, if such actions give SARL BROOKLYN FINE FOODS the right to sue for damages. Finally, SARL BROOKLYN FINE FOODS reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the Customer uses a new account.
 

ARTICLE 8 - Information Technology and Civil Liberties

8.1 Personal data declared to the CNIL
SARL BROOKLYN FINE FOODS records all transactions carried out on its site, and these data constitute proof of all your purchases. In application of law 78-17 of January 6, 1978, it is reminded that the nominative data requested from the Buyer is necessary for the processing of his/her order and the preparation of invoices. The processing of information communicated via the Vendor's site has been declared to the CNIL on 14.02.14.

8.2 Communication
Exchanges between the Customer and SARL BROOKLYN FINE FOODS are carried out mainly by electronic means, in order to be able to keep a written trace, valid as proof, of our exchanges.

8.3 Verification, rectification and modification of personal data
In accordance with national and European regulations in force, the Buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. To do so, please contact us at hello@clintonhill.fr. We would like to point out that the personal information collected is used solely by SARL BROOKLYN FINE FOODS, is not sold to third parties and is used for no other purpose than to carry out our delivery service.
 

ARTICLE 9 - Intellectual property

The content of the site, in particular the graphic charter, logo, photos, illustrations, diagrams, videos and coffee recipes produced by SARL BROOKLYN FINE FOODS are the property of the Vendor and its partners and are protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright. Consequently, the Customer is prohibited from reproducing or exploiting the editorial content, photographs, product sheets and videos of the clintonhill.fr website.
 

ARTICLE 10 - Applicable law - Language

These GCS are governed by and subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
 

ARTICLE 11 - Customer service

In order to prevent any disputes, SARL BROOKLYN FINE FOODS will set up a "customer service" department, which you can contact by e-mail at hello@clintonhill.fr. All customer requests will be dealt with as quickly as possible and we will endeavour to provide the most appropriate response.