ARTICLE 1 - Scope
1.1 Application of the General Terms and Conditions
These General Terms and Conditions of Sale apply as soon as you place an order with the Seller, BROOKLYN FINE FOODS SARL, on its website www.clintonhill.fr. Contracts between the Customer and BROOKLYN FINE FOODS SARL and/or its successors and assigns are binding on both parties. The Customer acknowledges having read these General Terms and Conditions of Sale at the time of placing their order by checking the box "I have read and agree to the General Terms and Conditions of Sale".
1.2 The General Terms and Conditions prevail over any other document
These General Terms and Conditions of Sale are accessible to you at any time on this website and supersede any other version or contradictory document. The failure of either party to enforce any right or provision of these General Terms and Conditions of Sale shall not be deemed a waiver of such right or provision.
1.3 Free modification of the General Terms and Conditions
These Terms and Conditions may be modified as our offerings expand and legislative reforms change. In such cases, the modifications will become applicable as soon as they are published online and will not apply to transactions concluded prior to that date.
1.4 Geographical area
For products listed on the website www.clintonhill.fr, the delivery address must be located within the geographical area available on the website clintonhill.fr.
ARTICLE 2 - Orders
2.1 How to place an order?
The buyer, who wishes to purchase a product or service, must necessarily
– select the product(s) he/she wishes to purchase and configure them correctly;
– fill in the identification form on which he will indicate all the requested details or give his customer ID if he has one;
– confirm your order after checking it;
– make the payment under the conditions stipulated;
– confirm your order and payment.
The confirmation of the order implies acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
2.2 Verification of recorded information
The information that the buyer records when placing the order is binding: in the event of an error in entering the relevant email address, or in the event of an error in the wording of his contact details, SARL BROOKLYN FINE FOODS cannot be held responsible for the non-receipt of the order confirmation email and/or the resulting delivery difficulties.
2.3 Confirmation of the order
BROOKLYN FINE FOODS SARL will send an email confirming the order. The data recorded by BROOKLYN FINE FOODS SARL constitutes proof of the nature, content, and date of the order. BROOKLYN FINE FOODS SARL will confirm acceptance of the order to the Customer at the email address provided. The sale will only be considered final upon confirmation of the order.
2.4 Legitimate refusal to sell
BROOKLYN FINE FOODS SARL reserves the right to cancel any order from a Customer who has not paid for their order, or with whom there is a dispute relating, for example, to the payment of a previous order which has not been resolved.
ARTICLE 3 - Prices
3.1 Prices applicable at the time of purchase
The prices are expressed in Euros, HT and TTC.
BROOKLYN FINE FOODS SARL reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer.
Only the price in effect at the time of purchase applies. In other words, if the buyer later finds a special offer on a product, they will not be able to take advantage of it.
In the event of a clear error in the displayed price, product availability, or any information resulting from a technical malfunction or human error, the company reserves the right to cancel the order after informing the customer. The order will then be fully refunded as soon as possible.
ARTICLE 4 - Payment conditions
4.1 Means of payment
All orders are payable in euros. Payment for purchases is made by bank card or bank transfer.
The Customer warrants to BROOKLYN FINE FOODS SARL that they are fully authorized to use the payment card for their order and that their payment method legally provides access to sufficient funds to cover all costs resulting from their order on the website www.clintonhill.fr. Payment by credit card is debited immediately upon ordering. Payments made by the Buyer will only be considered final after full payment, and products will only be shipped after the Seller has effectively received the funds due.
ARTICLE 5 – Delivery
5.1 Delivery time
Deliveries are made to the address indicated in the order form, which can only be within a geographical area available on the website www.clintonhill.fr.
Delivery times will be communicated to the customer by email once their order has been processed.
Estimated delivery times:
-France: 4 to 20 days from the order date
Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled and the buyer refunded.
5.2 Delivery costs
Unless otherwise stated, the prices shown do not include delivery and shipping costs. Delivery costs are calculated based on the package weight, the carrier, and the geographical location selected by the buyer. The delivery price will be specified to the buyer before order confirmation.
The buyer assumes all risks from the moment the products leave the premises of BROOKLYN FINE FOODS SARL. In the event of damage during transport, a formal complaint must be filed with the carrier within three days of delivery.
Except in special cases or if one or more products are unavailable, the products ordered will be delivered in a single shipment.
In all cases, if the package is returned to the sender because they provided incorrect postal address information, the second delivery will be at the customer's expense. In this scenario, if the package is returned to the sender again, it will not be reshipped to the customer, and the amount corresponding to this order, including any additional delivery charges, will remain the property of BROOKLYN FINE FOODS SARL.
5.3 Verification by the Buyer
Delivery is deemed to have taken place upon the Seller's handover of the ordered products to the Buyer. BROOKLYN FINE FOODS SARL requests that its customers check the condition of their orders upon receipt.
5.4 Unavailability of an ordered item
In accordance with Article L.121-20-3 of the French Consumer Code, if an order cannot be fulfilled due to the unavailability of the ordered goods, 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. BROOKLYN FINE FOODS SARL may provide goods of equivalent quality and price with the Buyer's agreement, and in this case, the return shipping costs will be borne by BROOKLYN FINE FOODS SARL.
ARTICLE 6 – Right of withdrawal and return policy
6.1 Right and period of withdrawal
In accordance with current law, individual customers who purchase goods from the website clintonhill.fr have a withdrawal period of 14 calendar days from the receipt of the goods in question to notify BROOKLYN FINE FOODS (by email to hello@clintonhill.fr) of their wish to return their order, and then 14 days from this notification to return it to us.
Business customers do not have such a right.
6.2 Proof of compliance with the withdrawal period
In the event of a dispute with BROOKLYN FINE FOODS SARL, it is the customer's responsibility to prove that they complied with the legal withdrawal period. The customer must retain all evidence (email sent, postal receipt) that can prove compliance with the withdrawal period.
6.3 Product Return
For hygiene and safety reasons, only new, unused products in their original, undamaged packaging, suitable for resale, and accompanied by all accessories, instruction manuals, and documentation (in their original sealed packaging) will be accepted for return. These conditions are cumulative. Any damaged product will not be accepted. This return policy excludes defects caused by use of the product not in accordance with the instructions, accidental damage, or misuse.
The sender assumes all risks associated with shipping and is therefore responsible for taking all necessary precautions to ensure the safe delivery of the shipment, including insuring it. Brooklyn Fine Foods is not liable for any damage caused by inadequate or inappropriate packaging while a product is in transit. Return shipping costs are entirely the responsibility of the sender, except in cases where the return is due to an error by Brooklyn Fine Foods in preparing the order or a product malfunction.
The Customer has a period of 14 calendar days from the date of withdrawal to return the goods to SARL BROOKLYN FINE FOODS.
6.4 Timeframe and method of reimbursement
No refund will be issued if the customer has not complied with the withdrawal period and until the goods have been returned to BROOKLYN FINE FOODS SARL, which will then offer the customer a refund in the form of a credit note or an exchange. If the customer refuses a refund in the form of a credit note or an exchange, the refund will be issued via the same payment method used for the initial transaction, unless otherwise expressly agreed 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 after receiving coffee orders. Indeed, in accordance with the law, this right cannot be exercised for food products for reasons of hygiene and safety. Therefore, the coffees received cannot be returned.
ARTICLE 7 – Seller's Liability
7.1 Legal Guarantees
The products supplied by the Seller benefit, in accordance with legal provisions,
– the legal guarantee of conformity,
– the legal guarantee against hidden defects arising from a defect in material, design or manufacturing affecting the delivered products and rendering them unfit for use.
A hidden defect is a manufacturing flaw that only appeared after the sale of the item.
7.2 Implementation of legal guarantees
To assert your rights, you must inform the Seller in writing of any defects or non-conformities within the legal time limit from their discovery. The Seller will replace defective or non-conforming products.
7.3 Exclusion of warranty in case of fault of the Buyer or force majeure
All warranties are excluded in the event of misuse, negligence, or lack of maintenance by the Buyer, such as improper storage of the coffee. The Seller's warranty is limited to the replacement or refund of non-conforming or defective products. The Seller shall not be held liable or in default for any delay or failure to perform resulting from a force majeure event as defined by French law.
7.4 Conformity of products to photographic images
Furthermore, visual differences may exist between product presentation photographs and the products received, due in particular to technical limitations of the scanning process. However, these discrepancies do not constitute grounds for compensation unless they are such as to mislead the consumer regarding the nature and characteristics of the products.
7.5 Navigation and security
To make the best use of our services, we recommend that you regularly update your web browsers and have antivirus software installed. We also advise you to keep your personal information (password, username, bank card number) confidential and not to disclose it to any third party. BROOKLYN FINE FOODS SARL cannot be held liable if this information is used due to your own negligence.
7.6 Deactivation of the customer account
If the Customer fails to meet their contractual obligations, fails to pay for their order, or commits a serious breach of contract likely to harm BROOKLYN FINE FOODS SARL, the latter reserves the right to terminate their account. In any event, BROOKLYN FINE FOODS SARL retains the right to take legal action even after account closure if said actions entitle it to compensation. Finally, BROOKLYN FINE FOODS SARL reserves the right to refuse any order from a Customer with whom such a dispute exists, even if the Customer uses a new account.
ARTICLE 8 – Data Processing and Freedoms
8.1 Personal data declared to the CNIL
BROOKLYN FINE FOODS SARL records all transactions made on its website, which serve as proof of all your purchases. In accordance with Law 78-17 of January 6, 1978, please note that the personal data requested from the Buyer is necessary for processing their order and issuing invoices. The processing of information provided through the Seller's website has been declared to the CNIL (French Data Protection Authority) on February 14, 2014.
8.2 Communication
Exchanges between the Client and SARL BROOKLYN FINE FOODS are mainly conducted electronically, in order to keep a written record, which serves as proof, of our exchanges.
8.3 Verification, Rectification and Modification of Personal Data
In accordance with applicable national and European regulations, the Buyer has a permanent right to access, modify, rectify, and object to information concerning them. To do so, please contact us at hello@clintonhill.fr. We wish to clarify that the personal information collected is used solely by BROOKLYN FINE FOODS SARL, is not sold to third parties, and is used only to fulfill our delivery service.
ARTICLE 9 - Intellectual property
The website content, including the graphic design, logo, photos, illustrations, diagrams, videos, and coffee recipes produced by BROOKLYN FINE FOODS SARL, is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute copyright infringement. Therefore, the Customer is prohibited from reproducing or using the editorial content, photographs, product descriptions, and videos on the clintonhill.fr website.
ARTICLE 10 - Applicable law - Language
These Terms and Conditions 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 shall prevail in the event of a dispute.
ARTICLE 11 – Customer Service
To prevent any potential disputes, BROOKLYN FINE FOODS SARL will implement a customer service department, which you can contact by email at hello@clintonhill.fr. Each customer request will be processed as quickly as possible, and we will strive to provide the most appropriate response.