Terms and conditions of Café Joyeux

Date of publication : 03/02/2025

These General Terms and Conditions of Sale were updated on 3 February 2025.

For all orders prior to this date, the previous general terms and conditions of sale apply.

PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as ‘GTCS’) apply to all goods sold (i) by the company Grains et Capsules, a simplified joint stock company with a capital of 100. 000 euros, whose registered office is 17 rue Henry Monnier 75009 Paris, registered in the Paris Trade and Companies Register under number RCS Paris 842 228 645, (hereinafter referred to as ‘’Grains et Capsules‘’ or ‘’G&C‘’), (ii) to any person, natural or legal, professional or consumer (hereinafter referred to as ‘’the Buyer‘’), wishing to make a purchase via the ‘’Grains et Capsules‘’ Internet site accessible via the site staging1.cafejoyeux.ps7.soledis.net (hereinafter referred to as the ‘’Site‘’).

1. Subject

The present General Conditions of Sale govern the relationship between Grains et Capsules and the Buyer for all purchases made on the Site.

Any order placed and validated by the Buyer on the Site implies full and complete acceptance of these GCS, which the Buyer acknowledges having read prior to validating his/her order. Only special conditions negotiated in good faith and expressly accepted by G&C may derogate from these GCS.

Grains et Capsules reserves the right to modify the GCS at any time. In case of modification of the GCS, only the GCS in force and accepted by the Buyer at the time of the conclusion of the said order will be applicable to an order.  The fact that G&C does not avail itself of a provision of the GCS does not imply any waiver of its right to do so at a later date.

The present GCS prevail over all other general or particular conditions not expressly accepted by Grains et Capsules. 

2. Sales area

The online sale of products offered on the Site is reserved for Buyers residing in the European Union (excluding the United Kingdom) and therefore can only give rise to deliveries in this geographical zone, hereafter referred to as the ‘Sales Zone’.

Buyers residing in Belgium and Portugal are invited to redirect themselves to the websites corresponding to their country.

3. Products

The products offered for sale on the Site are those which appear on the Site, on the day of consultation of the Site by the Buyer. Grains et Capsules reserves the right to modify its collection at any time and to change the list and ranges of products.

The Buyer is informed that the photographs and texts illustrating the products have no contractual value and are liable to change.

The products offered for sale on the Site are coffee (capsules, beans, ground coffee), tea and herbal teas, tasting boxes containing several packs of ground coffee or tea and herbal teas, cheerful objects including net bags, t-shirts, sweatshirts, totes-bags, aprons, caps, etc. (hereinafter ‘the Products’).

In accordance with Articles L. 111-1 and L.111-3 of the French Consumer Code, the essential characteristics and prices of the Products offered are presented on the Site. Any question about the Products that the Buyer wishes to send to Grains et Capsules, must be done by filling in the form accessible at the following link: https://www.support.cafejoyeux.com/hc/fr/requests/new.

Products are offered while stocks last. 

4. Terms and conditions of purchase

The ordering of Products is reserved for adults with legal capacity, and for minors who hold an authorisation from their legal representative allowing them to place an order and who have legal capacity. We reserve the right at any time to ask the Buyer for proof of identity attesting to the age of the Buyer and/or the authorisation of the legal representative.

It is specified that the Products on the Site are not intended for use in connection with the Buyer's professional activity, including any resale of the Product.

 5. Prices of goods

The prices of the Products appearing on the Site are indicated in euros, inclusive of all taxes, taking into account the VAT rate applicable on the day of the order. Any change in the VAT rate will be reflected in the price of the Products, as will any new tax.

Grains et Capsules reserves the right to modify prices at any time, the price applicable to the Buyer being that shown on the Site when the order is placed.

All orders are payable in Euros and must be paid when the order is placed.

6. Subscription

The Buyer may take out a no-obligation subscription to automatically receive the Products of his/her choice (excluding machines and certain accessories) at a frequency defined by the Buyer. Payments are made exclusively by bank card, which will be automatically debited on each delivery. In the event of insolvency, delivery will be suspended until payment has been received. The service also enables the Buyer to benefit from a discount on the products concerned for as long as their subscription is active.

The Buyer is therefore free to modify, suspend or cancel their subscription at any time via their Customer area (via the ‘Your Subscriptions’ area, in ‘my Account’). They are free to add or remove products eligible for subscription, increase or decrease the quantity of products concerned, adjust the delivery frequency of these products, change their delivery and/or invoicing address or select a different mode of transport.

7. Ordering stages (excluding subscriptions)

In order to place an order, the Buyer has the opportunity to view the different Products offered for sale on the day of consultation of the Site and to choose his/her Products by browsing the different Product categories.

While browsing the Site, the Buyer who wishes to place an order may do so simply by clicking on the ‘add to basket’ button, which is intended to add the product to the shopping basket.

Once this operation has been completed, the Buyer will see the number of Products in their basket.

The Buyer may (i) either continue his/her visit (ii) or consult his/her selection by clicking on his/her shopping basket in the menu at the top right, where the following will appear: the contents containing all the elements of the order and in particular the essential characteristics of the Products and the total amount of the order.

The Buyer may return to this order, add to it, modify it or cancel it until it has been definitively validated.

Once the selection of Products has been completed, the Buyer may order them by validating the order via the ‘order’ button provided for this purpose. A customer account is required in order to place an order on the Site. The Buyer is then invited to either:

- Connect by entering their user name (e-mail address) and password if the Buyer is already registered on the Site;

- Create an account and accurately complete a personal data collection form by filling in the mandatory fields, in particular Title, Surname, First Name, Email address and Password.

The Buyer undertakes to complete the form provided in good faith. The Buyer acknowledges that the data he/she communicates to Grains et Capsules is accurate and constitutes proof of his/her identity. It is reminded that these personal data are governed by the Confidentiality Policy accessible here. 

After logging in to their personal account, the Buyer must complete the delivery and billing information accurately and validate it by pressing the ‘continue’ button.

Following this validation, the Buyer is invited to select the desired delivery method (home delivery or relay point) and either :

- Confirm the delivery price by clicking on the ‘Order’ button, which will take you to the payment page;

- Click on the ‘Return to previous step’ button to return to the previous step to modify their basket and/or personal details.

As soon as the Buyer confirms his/her full and complete acceptance of the GTCS by ticking the box ‘I have read and accept the general terms and conditions of sale’ and after pressing the ‘order’ button, a web page dedicated to the payment of the order opens. All orders are subject to payment, which means that placing an order implies payment by the Buyer.

The Buyer must then proceed to pay for his/her order under the conditions described in article 8. Payment of these GTC.

Once the order has been confirmed and its payment validated according to the terms of the present GTC, an order confirmation e-mail is sent as soon as possible by Grains et Capsules, which will constitute proof of the sale of the electronic contract, in accordance with articles 1125 and following of the Civil Code.

Grains et Capsules undertakes to send the Purchaser, within this e-mail, a summary of the Order and to confirm its processing, which includes the following information:

- Name of the person,

- Delivery address,

- List of Products ordered together with the Product price,

- Cost of delivery

- etc.

The Products will be delivered either to the delivery address indicated by the Buyer at the time of his/her order when the Buyer has opted for home delivery, or to the address of the relay point when the Buyer has opted for delivery to a relay point.

In accordance with article L.121-11 of the Consumer Code, and in order to protect Grains et Capsules from abusive practices operated by fraudsters, G&C reserves the right to refuse any abnormal order, placed in bad faith, or for any other legitimate reason, in particular when there is a dispute with the Buyer concerning the payment of a previous order.

8. Payment

The amount due by the Buyer is the amount indicated on the order confirmation as displayed on the internet page dedicated to this purpose and then transmitted by email by Grains et Capsules to the Buyer.

The payment of the price by the Buyer is made only at the time of the order, on the Website, in cash and by credit card (without discount). The bank cards accepted are those of the Carte Bleue®, Visa®, MasterCard® and American Express® networks.

Payments will be made via the secure payment service of Payplug and Stripe for subscription payments.

In the event of payment by bank card:

- the commitment to pay is irrevocable, in accordance with article L.132-2 of the French Monetary and Financial Code.

- The Buyer confirms and guarantees that he/she is the holder of the card to be debited and that the name entered on the card is indeed his/her own.

- the Buyer communicates the numbers and the expiry date of his/her bank card, as well as the visual cryptogram if applicable (Grains et Capsules does not have access to any personal data relating to means of payment).

- the price is immediately debited from the Purchaser's bank card, on receipt of the debit authorisation from the Purchaser's bank.

If it is impossible to debit the price, the sale is immediately cancelled by operation of law and the order cancelled.

9. How the order is delivered

The Product is prepared and sent to the postal address given by the Buyer at the time of the order, the postal address cannot be outside the Sales Zone provided for in article 2 of the GCS.

Grains et Capsules reserves the right to ask for proof of identity at the time of delivery.

Grains et Capsules cannot be held responsible in case of non-respect of delivery deadlines (late delivery, impossibility of delivery, loss of the parcel, etc.) resulting from the erroneous and/or incomplete nature of the information provided by the Buyer for delivery.

Packages are prepared by FM LOGISTIC, our service provider, and delivered by CHRONOPOST, unless Grains et Capsules chooses another service provider.

Delivery charges are payable by the Buyer and depend on the amount of the order. They are indicated to the Buyer before the validation of the order (according to the rates of the service provider in force on the date of collection of the parcel).

10. Delivery times

The delivery time indicated on the Site and during order confirmation has no contractual value. However, Grains et Capsules does its utmost to ensure that any order placed is prepared the next day by the service provider, FM Logistic, within the limits of its opening days (from Monday to Friday except public holidays); then collected by Chronopost on the evening of its preparation and delivered the next day within the limits of its delivery days (from Monday to Friday inclusive).  Grains et Capsules does not guarantee these delivery times.

In any case, Grains et Capsules undertakes that the order will be executed within seven (7) days from the day of confirmation of the order by the Buyer, subject to full payment of the price and compliance with the conditions of purchase set out in these GCS.

In the absence of delivery at the end of this period, the Buyer may request cancellation of the order under the conditions set out below.

Grains et Capsules will inform the Buyer of the preparation, collection and tracking number of the parcel. The Buyer can follow the progress of the treatment of his parcel via the Chronopost website using the parcel number.

If the delivery should intervene more than seven (7) days after the order, Grains et Capsules informs the Buyer by e-mail. The Buyer can then decide to cancel the order by informing Grains et Capsules by e-mail:

- If the order has not yet been collected by Chronopost, the Buyer will be reimbursed for the sums debited within a period of fifteen days following the notice of cancellation.

- If the order has already been collected by Chronopost, the Buyer will have to return the parcel at his own expense and will be reimbursed for the sums debited upon receipt of the parcel by Grains et Capsules.

11. Receipt of products

 The Buyer is responsible for tracking his/her parcel and is required to collect it within the allotted time. Any non-receipt of the parcel by the Buyer shall remain the sole responsibility of the Buyer.

 It is the Buyer's responsibility to check immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) dispatched. Any anomaly or reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be fully and accurately reported by the Buyer on the receipt given by the delivery person when the products are made available.  

Any damagd or missing product must also be reported to Chronopost by registered letter with acknowledgement of receipt within three (3) working days of receipt of the order. The Buyer must also send a copy of this letter to Grains et Capsules within seven (7) days of sending the letter to Chronopost. The absence of a complaint within the time limit deprives the Buyer of any action. This claim must include as much documentary evidence as possible to demonstrate the loss suffered.

In the event that the product proves to be defective or that the order does not conform, Grains et Capsules undertakes to respond as soon as possible in order to repair the prejudice suffered by the Buyer.

12. Retention of title and transfer of risks

Grains et Capsules retains full ownership of the products until full payment has been received. The transfer of risks takes place when the Buyer takes possession of the products. 

13. Guarantees

Grains et Capsules is liable for defects in the conformity of the Products under the conditions of articles L217-3 et seq. of the French Consumer Code, and for hidden defects in the Products under the conditions of articles 1641 et seq. of the French Civil Code.

* Legal guarantee of conformity

G&C is obliged to deliver a product that conforms to the order placed by the Buyer.

When the Buyer is a consumer and is acting under a legal guarantee of conformity :

- they have a period of two years from the date of delivery of the Products to take action;

- they may choose between repairing t or replacing the Products, subject to the conditions set out in articles L.217-9 et seq. of the French Consumer Code;

- defects in conformity that appear within twenty-four (24) months of delivery are presumed to have existed at the time of delivery, unless proven otherwise;

- he/she may benefit from a reduction in the price of the products or the cancellation of the contract under the conditions set out in article L.217-14 of the Consumer Code.

With the express exception of specific products, the Seller does not provide any commercial guarantee within the meaning of article L. 217-21 of the French Consumer Code.

* Legal warranty against hidden defects

The Buyer may decide to implement the guarantee against hidden defects of the Products within the meaning of article 1641 of the Civil Code, and in this hypothesis, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Beyond these guarantees, Grains et Capsules is only bound by an obligation of means, and its responsibility cannot be engaged for any damage resulting from a dysfunction or an unavailability of the Site, or from the use of the Site (such as loss of data, intrusion, virus, rupture of service), or from the use or non-use of the Products and their consequences.  In any event, its financial liability in respect of any order and sale of Products is limited to reimbursement of the price of the Products paid by the Buyer.

14. Quality and Conformity

For tea, coffee and herbal tea, the expiry date (DLUO) of the coffees and teas offered by Grains et Capsules is indicated on each product. The average remaining shelf life of the products delivered is 18 to 36 months.

Grains et Capsules guarantees the quality and preservation of the aromas of its products provided they are kept away from light and humidity and at room temperature, ideally between 15 and 25°C.

At the very least, Grains et Capsules guarantees that the quality of its products respects at least the standards and regulations in force for foodstuffs.

15. Right of retraction

In accordance with articles L.221-18 et seq. of the Consumer Code, the Buyer has, except in the cases mentioned below, a right of retraction which can be exercised within a period of 14 days from the date of receipt of the parcel (at the delivery address indicated) without having to justify the reasons and without having to pay penalties.

If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. However, once this deadline has passed, the Buyer will no longer be able to exercise his/her right of withdrawal.

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised by the Buyer in the event that, after delivery, the Products (in the case of G&C, coffee, tea and herbal tea) have been unsealed and cannot be returned for reasons of hygiene or health protection.

In order to exercise his right of withdrawal, the Buyer must send his decision to withdraw to Grains et Capsules by any means before the expiry of the withdrawal period, in particular:

(i) by telephone at: 01 89 71 39 03

(ii) by email to the following address: serviceclient@cafejoyeux.com

In accordance with article L221-23 of the Consumer Code, the consumer must return the Products, accompanied by the form (Annex I) duly completed, to the logistics partner of Grains et Capsules: Plate-forme FM Logistic Fontenay-Tresigny - Café Joyeux - ZAC de Fregy - 77610 FONTENAY-TRESIGNY, without excessive delay and, at the latest, within fourteen days of the date on which he/she notified Grains et Capsules of his/her decision to withdraw. Unused Products must be returned correctly protected, in their original packaging, in perfect condition, fit for resale and accompanied by any accessories, instructions for use and documentation as well as the corresponding invoice.

If these conditions are met, the Buyer will be reimbursed - by bank transfer or credit card re-credit - for the price of the Products returned and the delivery costs. The cost of re-shipment (return) remains the responsibility of the Buyer.

16. Customer service

In case of difficulty, the Purchaser must address his request in priority to the customer service of the group Café Joyeux, available from Monday to Friday except bank holidays, via the following form https://www.support.cafejoyeux.com/hc/fr.

17. Intellectual property rights

The Fond de dotation Source de Joie and the company Grains et Capsules are holders of all intellectual and industrial property rights relating to the Website.

Access to this Website does not confer any right to the Buyer on the intellectual property rights relative to the Website which remain the exclusive property of the company Grains et Capsules and the Fond de dotation Source de Joie.

The general structure of the Site, but also the elements accessible on the Site, notably in the form of texts, photographs, images animated or not, icons, maps, sounds, videos, software, databases, data and all other elements composing the Site are the exclusive property of the company Grains et Capsules and of the Fond de dotation Source de Joie. Any reproduction, representation, transmission, publication, exploitation, rebroadcasting or use of the elements of the Site without the prior written authorisation of Société Grains et Capsules, or where applicable of the Fond Source de Joie, is strictly forbidden.

The trademarks ‘Café Joyeux’ and ‘JOYEUX servi avec le cœur’, the name ‘Grains et Capsules’ as well as any other trademark, name, illustration, image and logo appearing on the Products, their packaging or in these GTC, are the exclusive property of the Fond de dotation Source de Joie or the Company Grains et Capsules. Any reproduction, modification or use of these brands, illustrations or images is strictly forbidden, as is any copyright, design, model or patent belonging to the Fond de Dotation Source de Joie or to Société Grains et Capsules.

It is reminded that any use not previously authorised by Société Grains et Capsules or the Fond de Dotation Source de Joie, as the case may be, which belongs to them in any capacity whatsoever, of all or part of the Site may be the subject of any appropriate action, in particular an action for infringement.

18. Protection of personal data

The processing of personal data by Grains et Capsules is described in the confidentiality policy accessible here: https://staging1.cafejoyeux.ps7.soledis.net/fr/content/153-politique-de-confidentialite

G&C will not transfer the Buyer's personal data or make them available to third parties in any form whatsoever. This data is processed by G&C in strict compliance with applicable laws.

In accordance with the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation of 27 April 2016, the Buyer has the right to access, oppose, port, rectify and delete personal data concerning him/her by writing to the following email address: dpo@cafejoyeux.com

19. Proof and archiving

Grains et Capsules will keep order forms and invoices on any necessary support, constituting a faithful copy, in accordance with the provisions of article 1379 of the French Civil Code.

The computerised files of Grains et Capsules will be considered by the parties to a possible dispute as proof of orders, payments, transactions or any other communication between the parties.

20. Miscellaneous stipulations

a.       Force majeure

Neither party shall be liable for the total or partial non-performance of its obligations under these GCS if such non-performance is caused by an event constituting force majeure, i.e. an event beyond its control which it cannot reasonably overcome or any other exceptional circumstance making it impossible for it to perform all or part of its obligations.

The following in particular are considered to be cases of force majeure, without this list being exhaustive: acts of the administration or public authorities, war, riots, insurrection, social unrest, strikes of any kind, pandemics including all variants of COVID19, epidemics, health crises, shortages of raw materials, interruptions to means of transport and communication, meteorological phenomena, etc...

The party invoking an event constituting force majeure must notify the other party within five (5) working days of the occurrence of this event. The parties agree that they must consult each other as soon as possible in order to determine together how the order will be carried out for the duration of the force majeure event. After a period of one (1) month of interruption due to force majeure, Grains et Capsules may not honour the order, and will reimburse the Buyer if necessary.

b.      Modification of the General Terms and Conditions of Sale

The GCS in force can be consulted at any time under the heading ‘General Sales Conditions’ accessible via all the pages of the Site.

Grains et Capsules reserves the right, at any time, to modify the content or characteristics of the present GCS. Any update will be subject to prior and specific notification on the Site.

c.       Applicable law and settlement of disputes

These GTC and the relations arising from them are subject to French law.

Any dispute relating to the placing or execution of an order will be subject to an attempt at amicable resolution. The Buyer may refer any dispute relating to the sale of a Product to the Médiateur de la Fédération des Entreprises de Vente A Distance (FEVAD), subject to compliance with the conditions for admissibility of the case, which are available on the www.fevad.com website.

The European Commission also provides an online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.

In the absence of an amicable agreement, the dispute will be submitted to the competent court in Paris.

WITHDRAWAL FORM

Pursuant to Article L221-1 of the French Consumer Code

Please complete and return this form only if you wish to withdraw from the contract. This form must be returned, no later than 14 days from receipt of the products ordered, to :

Plate-Forme FM Logistic

Café Joyeux

ZAC de FREGY,

77610 Fontenay-Tresigny

or 

serviceclient@cafejoyeux.com

I (we) the undersigned

First name and surname :

Postal address :

Delivery address if different :

hereby notify you/us of my/our withdrawal from the purchase resulting from the order of the products specified below, and therefore request reimbursement of their price and the price of delivery previously paid by me/us:

Order number :

Order date :

Date received :

Signature(s) :

Done at :

On :