Terms of service
1. ACCEPTANCE OF TERMS
Thank you for using www.coffeeisland.fr. These Terms and Conditions are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the website at www.coffeeisland.fr (“Site” or “Service”) whether as a guest or a registered user. www.coffeeisland.fr is operated by COFFEE ISLAND SWISS LTD, a company incorporated in Cyprus with company number HE 406507, whose registered seat is at 5 Esperidon, 2048 Nicosia, Cyprus ("SWISS", "Coffee Island", "we" or "us"), as the exclusive owner and operator of the Coffee Island System in France and the online platform www.coffeeisland.fr. Online ordering and product sales fulfilled through the Site are carried out by independent franchised stores operating Coffee Island stores in France ("Stores"). The contractual relationship for the purchase and sale of products is concluded exclusively between you (the customer) and the respective Store fulfilling your Order. The operation of the Site as an online store is governed by these Terms and by applicable European Union legislation and French Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy (LCEN) and the French Consumer Code (Code de la consommation). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
2. PURPOSE
The purpose of the Site is to provide a simple, convenient and cost-effective service to consumers, linking them to Coffee Island Stores in France in their area that offer delivery and take-away services. Interactive menus allow customers to build and submit orders at the click of a button. Any order is prepared by independent Stores and delivered by them to you.
3. ELIGIBILITY
Services are not targeted towards, nor intended for use by, anyone under the age of 18, without the consent of a parent or legal guardian. Persons under the age of 18 may not make purchases or other legal acts on this Site without such consent, unless permitted by applicable legislation. You hereby represent and warrant that you are at least eighteen (18) years of age or that you have the aforementioned consent. You may not use our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You expressly acknowledge and agree that your use of the Service shall in no way mislead or harm us, the Stores, or any third party, including but not limited to knowingly promoting false, misleading, or inaccurate information, or otherwise. In the event of such conduct, we reserve the right to cancel your registration to the Service and expressly retain the right to exercise any and all legal remedies available to us.
4. SIGN UP
You can sign up for our Service by either creating an Account or by logging in online with your credentials from certain third party accounts (e.g., Facebook or Google). You confirm that you are the owner of any such account and that you are entitled to disclose your account login information to us. The registration process may require that you provide the following information: first and last name, address, mobile phone number and e-mail address. Your account will only be activated after inserting into our Site a unique code that you will receive by SMS to your stated mobile phone number. Should your personal information change, you can correct or update this information instantly by editing your member profile at any time. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
5. SERVICE AVAILABILITY
www.coffeeisland.fr offers an ordering, delivery and take-away service from our Stores throughout France. Each Store has a prescribed delivery area. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will be possible only by courier for coffee grinder’s and home barista products. If the Store in your delivery area is closed at the time of your Order a message will appear on screen giving you the option to reschedule your Order. Take-away service is available from any Store you choose. All menu items (Items) are subject to availability. Please call us prior to ordering if you have an allergy.
6. ORDERS
Once you have found the desired product, you can add it to your shopping basket without obligation by clicking the button [Add to basket]. You can view the content of the shopping basket at any time without any obligation by clicking the button [Basket] in the top right corner of the page. You can remove products from the basket by clicking on the button [Delete] at any moment. In order to purchase the products in your shopping basket, click on the button [Checkout]. Clicking the button [Next] will lead to the ordering page with a chance to review all your ordering information once more. Clicking the button [Purchase] will confirm your Order and complete the ordering process. This process can be aborted at any time by closing the browser window. When you place an order (“Order”) through our Service, an email thanking you for your Order and confirming your Order has been received (the "Confirmation Email") will be sent to you by us on behalf of the Store. Once your Order has been accepted, this represents an agreement between you the customer and the Store. If the Store is unable to fulfill your Order you will receive an email stating that your Order has been declined. Please be aware that the Store will do everything to meet the specified delivery time, however the timing of your Order is determined by taking into account the number of orders and the circumstances being faced by the Store at that time and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected severe delay. Your personal information will be shared with the Store when processing your Order. We have data protection and service agreements with all our Stores, restricting disclosure or further processing of personal information provided to them by us. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address and email address when ordering.
7. PRICE AND PAYMENT - TIPS
The price of any Store Item will be listed on our Service. Prices include VAT and are quoted in Euros. Prices refer to orders placed through www.coffeeisland.fr and My Coffee Island APP. They may vary between Store menus or depending on the method of delivery of the order (delivery or pickup from the store). Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Payment for all orders can be made by cash directly to our Store fulfilling the Order or by credit or debit card through our Service. Once your Order has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to www.coffeeisland.fr (operated by SWISS on behalf of the Stores) and is subsequently passed on by us to the fulfilling Store. We are authorized by our Stores to accept payment on their behalf and payment of the price of any Order to us will discharge your obligations to pay such price to the Store. You also have the option to pay through your card the amount of the tip for the delivery person (allowed amounts: 0.50€, 1€, 1.50€ and 2€), which will be paid to the delivery person by the Store. In case there is a minimum order amount, the tip is not counted in the order.
8. RIGHT OF WITHDRAWAL (RECESSION)
You have the right to return purchased home barista products without penalty and without the obligation to inform the Store of the reason you wish to return the products, within a fourteen (14) calendar day time period from the date of receipt of the products in accordance with the French Consumer Code (Code de la consommation, Articles L. 221-18 et seq.). In that case, you shall be charged only with the return costs of the products. Returns are accepted with the sales receipt, only if the products you wish to return are in the same condition as when you received them, without being unsealed or without any destruction to their wrapping. You are obliged to notify the Store in writing of your intention to return the products you purchased, referring to the date/number of the proof of purchase within the aforementioned time period. If you rescind from the contract you will be refunded in full without further delay within 14 calendar days from the date when the Store is informed of your decision to rescind from the contract. The refund may be made by using the same method you used to pay for your Order, unless you have explicitly agreed on a different method. Under no circumstances will you be charged extra costs for such a refund. The Store has the right to delay the refund until the goods have been returned, or until you provide proof that you have sent back the goods, whichever happens first.
9. HOME BARISTA PRODUCTS RETURNS
Product Returns due to delivery error: In all cases where other products are delivered, by type or quantity, you may return the products. Returns of defective products damaged on arrival (DOA): You have the right to return defective products to the Store within seven (7) calendar days from receipt. Returns of defective products: In case of true defects or lack of guaranteed properties of the purchased goods, the relevant mandatory provisions of the French Civil Code (Code civil, statutory warranty of conformity under Articles L. 217-3 et seq. of the Consumer Code and warranty against hidden defects under Articles 1641 et seq. of the Civil Code) shall apply.
10. REVIEWS
You represent and warrant that you are the sole author of your review; the Review reflects an actual experience; you were not paid for posting it; and you had no financial incentive. You grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute and disclose any such material.
11. INTELLECTUAL PROPERTY
All copyright, trade marks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to COFFEE ISLAND SWISS LTD or otherwise used by us as permitted by law. You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use without our prior written consent.
12. DATA SECURITY
The processing of personal data is carried out in accordance with the provisions of the General Data Protection Regulation (GDPR Regulation EU 2016/679), the French Data Protection Act (Loi Informatique et Libertés No. 78-17 of 6 January 1978 as amended), French Law No. 2004-575 (LCEN), and the guidelines of the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL). We maintain strict physical, electronic and procedural safeguards to protect customer information. We offer secure credit card ordering utilizing SSL (Secure Sockets Layer) encryption (2048-bit key size issued by Sectigo). Credit card details are not stored in our storage media during transactions but are processed directly within the secure environment of our partner licensed Payment Service Providers (PSP). All transactions made through www.coffeeisland.fr are governed by EU and French Law, including the French Consumer Code (Code de la consommation).
13. PROTECTION OF PERSONAL DATA
The processing of personal data is carried out in full compliance with the GDPR (EU 2016/679) and the French Data Protection Act (Loi Informatique et Libertés) under the supervision of the Commission Nationale de l'Informatique et des Libertés (CNIL). For more information, please refer to our posted Privacy Policy.
14. LINKS FROM OUR SITE
Links to third party sites are provided for information only. We have no control over their contents and accept no responsibility for them.
15. OUR LIABILITY
To the extent permitted by law, we exclude liability for loss or damage incurred in connection with our Site, without affecting liability that cannot be excluded under applicable law.
16. WAIVER
Neither party shall be responsible for delay or non-performance arising from force majeure events.
17. AMENDMENTS TO THE TERMS
We may amend these Terms at any time by posting updated Terms on the Site.
18. TRANSLATION OF THE TERMS
Coffee Island may provide a translation of the French version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the French version shall govern the terms of your relationship with Coffee Island. Furthermore, if there are any inconsistencies between the French version of the Terms and its translated version, the French version shall prevail.
19. YOUR RIGHTS AS A CONSUMER - ALTERNATIVE DISPUTE RESOLUTION
Nothing in this Agreement will affect your statutory legal rights as a consumer under the French Consumer Code (Code de la consommation). In accordance with Directive 2013/11/EU and applicable consumer protection regulations, if you are a consumer and have a dispute regarding an online purchase from our Site, you may submit your complaint via the European Union Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/consumers/odr, or refer the dispute to an approved French consumer mediator (médiateur de la consommation) in accordance with Articles L. 612-1 et seq. of the Consumer Code or competent consumer protection authorities in France.
20. CODE OF CONDUCT
The operation of the Site as an online store is governed by applicable European and French e-commerce rules, including Law No. 2004-575 (LCEN) and the French Consumer Code (Code de la consommation).
21. SEVERABILITY
If any provision of this agreement is judged to be illegal or unenforceable, the remaining provisions shall remain in full force and effect.
22. GOVERNING LAW AND JURISDICTION
The Terms of Use, Privacy Policy, and any matter relating to this Site shall be governed by French law. Any dispute arising in connection with the Site or Services shall be submitted to the exclusive jurisdiction of the competent courts of France (and, where required by mandatory consumer law, the courts of the consumer's place of residence).
