Last updated: 26 September 2024
1. INTRODUCTION
1.1. The sale of “Bacha” branded products (“Products”) through this website (“Website”) is governed by the following Online Shopping Terms & Conditions of Sale, as amended from time to time (“Terms and Conditions”).
1.2. The Products are sold directly by Bacha Coffee France (“Bacha Coffee”). Bacha Coffee is a company incorporated under the laws of France. Only Bacha Coffee and no other related entity shall be liable to you under these Terms and Conditions.
1.3. The sale of Products through the Website is restricted to consumers as defined under the French Consumer Code (hereinafter referred to individually as "Customer" or, collectively, "Customers", or “you”) meaning natural persons acting for purposes that are not related to his/her commercial, industrial, artisanal, self-employed or agricultural activities.
1.4. The Terms and Conditions are published on the Website for Customers’ information and record-keeping purposes.
1.5. All Products offered for sale or sold by Bacha Coffee or its affiliates through this Website are sold subject to these Terms and Conditions and these Terms and Conditions shall prevail over any other document purporting to have a contractual effect between you and Bacha Coffee or its affiliates. Nothing in this document shall affect any statutory rights that you may have under applicable legislation.
1.6. Any purchase made through this Website will be subject to the version of these Terms and Conditions that was in force at the time of the order being placed (that is, when the order is received by Bacha Coffee following your clicking on the ‘Place Order’ button). Whenever you make a purchase through this Website, Bacha Coffee encourages you to print and save a copy of these Terms and Conditions in force at that time of the purchase for your own records.
1.7. Bacha Coffee reserves the right to amend and/or replace the Terms and Conditions at any time without prior notice to you.
1.8. Any amendments to and/or replacement of the Terms and Conditions shall only be effective in respect of purchases of Products made after the date that the amended or new version of the Terms and Conditions is published and is stated to take effect. If Bacha Coffee amends or replaces the Terms and Conditions, any previous version of the Terms and Conditions will not apply to any purchases made after the amended or replaced Terms and Conditions come into effect.
1.9. In these Terms, the following expressions shall have the following corresponding meanings:
"Online Shopping" refers to the purchasing of the Products through this Website;
"Products" refers to the coffees, accessories, gourmet products, vouchers, or any other products or merchandise offered for sale by Bacha Coffee on this Website;
“Promotional Code” refers to the code given to Qualifying Items available for purchase in this Website;
“Services” refers to the services provided by the Online Shopping though this Website.
2. ELIGIBILITY CONDITIONS FOR PURCHASE
2.1. Bacha Coffee reserves the right to only accept orders from you if you are of sufficient legal age and capacity to use this Website in accordance with these Terms and Conditions and to create binding legal obligations in relation to the access and use of this Website and the Products or Services.
2.2. In order to make purchases on this Website you will be required to provide your password and Personal Information. In particular, you must, where requested, provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
2.3. You must be in possession of a valid credit/debit card issued by a licensed bank acceptable to Bacha Coffee, and you authorise Bacha Coffee to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Products or Services which you purchase or place an order for in accordance with the process in the section “Submission and Acceptance of Orders” below. Bacha Coffee reserves the right to restrict multiple quantities of an Products being shipped to any one Customer or postal address for legitimate reason in particular to protect Bacha Coffee’s distribution system.
2.4. By making an offer to purchase the Products or Services, you expressly authorise and provide consent for Bacha Coffee to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
2.5. You agree that Bacha Coffee may use, and expressly consent to Bacha’s use of Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of the information, in accordance with our Privacy Policy.
2.6. All purchases made via this Website is for personal non-commercial use only and will not be resold. You acknowledge that the Products purchased under these Terms and Conditions are not for commercial use, not for re-sale or for use by governments or educational institutions.
3. SUBMISSION AND ACCEPTANCE OF ORDERS
3.1. By placing an order through this Website, you have made an offer to purchase the Products you have selected under these Terms and Conditions.
3.2. All orders are subject to acceptance and availability, and Products in your shopping bag are not reserved and may be purchased by other customers, if you do not immediately click the “Proceed to Payment” button.
3.3. You may place an order through this Website by clicking on the “Proceed to Payment” button subject to the express acceptance of the Terms and Conditions before each order is placed, made by ticking a box. Shortly after the order is successfully submitted, an acknowledgment email will be sent to you at the email address provided at registration or on submission of your order. This acknowledgment email confirms the details of your order and is not an acceptance of your order. If you do not receive an acknowledgment email from Bacha Coffee within 3 working days, please contact Bacha Coffee’s Customer Service at CustomerCare.fr@BachaCoffee.com. Please note that the acknowledgment email does not constitute a guarantee as to the availability of the Products.
3.4. Once you have placed an order, you may only cancel any portion of the order or the entire order as long as the order has not been dispatched. You may not add additional Products to your order. You will be required to place an additional order for any additional Products you wish to purchase.
3.5. Please contact Bacha Coffee’s Customer Service team at CustomerCare.fr@BachaCoffee.com to request a change to or cancel of your order. You will be informed of the eligibility of the request as soon as practicable after we receive your request. We cannot cancel an order which has already been shipped.
3.6. Once the Product has been shipped, we will send you an email confirming the shipment of your order and this email will also contain a tracking number. The order you place on this Website will not constitute a binding contract unless and until Bacha Coffee transmits an order confirmation by email.
3.7. We reserve the right not to accept your order in the event of legitimate reason, for example, that we are unable to obtain authorization for payment, that shipping or customs restrictions apply to a particular Product, that the Product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms and Conditions. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time for such legitimate reasons, and we will not be liable to you or any third party by reason of our refusal to process a transaction.
3.8. We reserve the right to accept or reject your order at any time for any legitimate reason. If we reject your order, you will receive a refund of any money paid at the latest within fourteen (14) days of the date of notification of the cancellation of your order.
3.9. The data registered by Bacha Coffee constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
4. PRICING, CURRENCY AND TAXES
4.1. Prices of the Products on this Website are in Euros. Product prices include applicable duties and taxes (such as Goods & Services Tax). If you are eligible for a discount, your discount is not reflected in the price of the Products listed on this Website, but will be reflected in the cart page.
4.2. Shipments to all other countries will be made on a duties unpaid (DDU) basis, which means you are solely responsible for payment of any applicable duties and taxes upon receipt of your order. If you are purchasing from non DDP countries, you are the importer on record and must comply with all laws and regulations of the country in which you are receiving the goods. You may be subjected to import duties and taxes that are levied once the merchandise reaches your country which are payable by you. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
4.3. All prices and offers remain valid as advertised from time to time. The relevant price of a Product in a currency displayed on this Website at the time the order is placed will be honoured, except in cases of patent error. At any time without prior notice, Bacha Coffee may correct any errors or omissions and change information on the Website if the information presented is erroneous, incomplete, or outdated. Bacha Coffee may refuse your orders which were based on obvious and unmistakeable erroneous information, including, without limitation, information pertaining to shipping, pricing, return policies, or payment terms, that could reasonably have been recognised by you as a misinformation. In particular, if Bacha Coffee detects a price error, Bacha Coffee endeavours to notify you as soon as possible. You have the option of either reconfirming your order at the correct price, or cancelling your order. If you cannot be contacted or do not provide a response, Bacha Coffee may cancel the order. If your order is cancelled, you will be entitled to a full refund if you have already paid for the Products and be required to return of any Products provided to you.
4.4. If you are a Customer whose credit/debit card is not denominated in this Website’s transaction currency, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
4.5. Promotional Codes are non-transferable and there is no cash alternative, and they cannot be used in conjunction with any other promotion code, discount, or offer unless expressly stated, and must be redeemed by the date published, if provided.
4.6. The prices payable for the Products you order are those displayed on this Website on the date you place your order, inclusive of GST (Goods & Services Tax) (or equivalent tax in the relevant country of delivery) but excluding delivery charges. Delivery charges will be billed at the rates indicated in this Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select.
5. PAYMENT
5.1. Payment can be made by Visa, MasterCard, American Express and PayPal, and other methods which may be clearly advertised on this Website from time to time. Payment will be debited and settled from your account upon completion of the processing of your order by Bacha Coffee, and a notification email including an invoice for your order will be sent to you at that point. You warrant and confirm that you are (or are authorised by) the person to whom the credit/debit card used is issued to and whose name appears on the credit card. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
5.2. If the issuer of your credit/debit card refuses to authorize payment to Bacha Coffee, we will not be liable for any delay or non-delivery of the order.
5.3. You may make payment in any one of the currencies supported on this Website. The applicable exchange rates of the supported currencies shall be determined at the time of your payment.
5.4. Your payment in any of the supported currencies shall be in accordance with the applicable exchange rates at the time of your payment.
5.5. Bacha Coffee and its affiliates shall not be liable for any exchange rate losses incurred by you as a result of any credit card or other transactions effected on this Website.
5.6. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through this Website if this is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure.
5.7. We may also refuse to process and accept a transaction for any legitimate reason or refuse or cancel service to any Customer at any time for legitimate reasons. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold, or by removing, screening or editing any materials or content in this Website, or by refusing to process a transaction or unwinding or suspending nay transaction after processing has begun if such actions have been justified by legitimate reasons.
6. PRODUCT AVAILABILITY / DESCRIPTION OF PRODUCTS
6.1. Products featured on this Website have been carefully selected for Online Shopping. Our Website may contain information on Bacha Coffee’s worldwide products and services, not all of which are available at every location. A reference to a Bacha Coffee product or service on the Website does not imply that such product or service is or will be available at your location. Once a Product is sold out, it will be taken off this Website at the earliest reasonable opportunity and may not be available again.
6.2. The prices advertised on this Website are for Online Shopping only. As such, prices for some of the Products may differ from those available for sale at the Bacha Coffee stores and associated boutiques.
6.3. Bacha Coffee has taken care to ensure that the Product illustrations, colours and information are as accurate as possible within the limits of the available techniques. Photographs and images that are shown on this Website that are delivered to the Customer may contain non-substantial errors to how they appear on the screen of your computer or mobile phone or electronic device.
6.4. Bacha Coffee may from time to time set credit limits for individual Customers and Bacha Coffee reserves the right to limit or restrict the sale of Products to any Customer for legitimate reasons. In addition, Bacha Coffee reserves the right to reject sales to re-sellers.
7. LEGAL WARRANTIES
The Customer is informed that Products are subject to the following legal warranties:
“The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
“Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
“The legal guarantee of conformity entails an obligation on the part of the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods.
“The legal guarantee of conformity shall give the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him.
“If the goods are repaired under the legal guarantee of conformity, the consumer shall benefit from a six-month extension of the initial guarantee.
“If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity shall be renewed for a period of two years from the date on which the good is replaced.
“The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in return for the return of the goods, if:
“1° The trader refuses to repair or replace the goods;
“2° The goods are repaired or replaced after a period of thirty days;
“3. The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replaced goods;
“4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
“The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. The consumer is then not obliged to request repair or replacement of the goods beforehand.
“The consumer shall not be entitled to rescind the sale if the lack of conformity is minor.
“Any period of immobilisation of the goods for the purpose of repair or replacement shall suspend the guarantee that was still running until the goods were delivered in good condition.
“The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
“The seller who hinders the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
“The consumer also benefits from the legal guarantee for hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in return for the return of the goods.”
8. LIMITATION OF LIABILITY AND WARRANTIES THIS SECTION ON “LIMITATION OF LIABILITY AND WARRANTIES” DOES NOT AFFECT YOUR STATUTORY RIGHTS.
For France, the following exclusions and limitations may not apply to you subject to those expressly accepted under French law.
8.1. To the full extent permissible by applicable law, Bacha Coffee disclaims all warranties, express and implied and makes no representation or warranties of any kind, express or implied as to the operation of the Online Shopping or the information, content, materials, products or other services included on or otherwise made available to you through this Online Shopping unless otherwise specified in writing. You expressly agree that your use of the Online Shopping is at your sole risk.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BACHA COFFEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY BACHA COFFEE) CAPABLE OF ARISING IN CONNECTION WITH THE PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
8.2. The Customer hereby expressly acknowledges and agrees that to the extent permitted by applicable law:
(a) Any liability of Bacha Coffee for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Bacha Coffee’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the affected Product;
(b) Bacha Coffee will not be liable for any loss or damage which may be incurred by you as a result of your breach of these Terms and Conditions;
(c) Where any legislation applies any guarantee or implies any term that cannot be excluded, Bacha Coffee’s liability for breach of it will be limited (where permissible by law) to (at Bacha Coffee’s option):
(i) in the case of goods, to a refund for the price of the goods, re-supply of the goods or repair of the goods; and
(ii) in the case of services, the re-supply of the services or a refund for the cost of the services; and
(d) Except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or any other loss or damage whether direct or indirect out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the use of or inability to use this Website or this Online Shopping service or the use or consumption of any of the Products purchased on this Website.
8.3. While taking the utmost care to ensure the maximum degree of accuracy as regards the photographs and text illustrating and describing the Products in this Website, Bacha Coffee shall not be liable in case of non-substantial errors or omissions in the photographs or text displayed in this Website.
8.4. For international deliveries to countries other than those where Bacha Coffee guarantees delivery, Bacha Coffee shall not be liable if the Products do not comply with the existing laws and regulations of the country of delivery.
9. INSURANCE AND DELIVERY
9.1. All orders confirmed by Bacha Coffee will be sent to the delivery address you specify when placing your order. Deliveries can only be made to the countries specified in this Website. Bacha Coffee is unable to amend the delivery address other than the one that has been provided to us upon placing your order(s).
9.2. We aim to dispatch all orders within 2 to 3 business days. Bacha Coffee uses DHL Express & DHL Postal as the shipping carriers for all paid shipping deliveries. The standard delivery time is between 2 to 15 business days depending on the shipment method and subject to conditions.
9.3. We limit shipping to only destinations in the country/region you selected when you enter this Website. For example, if you wish to ship to France, select France as your country from the top navigation. If you change your country/region selection while shopping, the contents of your shopping bag will not carry forward to the new selected country. You will need to re-select the items you wish to purchase for shipment to the new country selected. Please note that not all Products are available for shipment to all countries. As such, the selection of Products available for online shopping may differ depending on the country selection.
9.4. Bacha Coffee insures purchases of €350 or more during the time they are in transit until delivered to your specified delivery address. We require a signature for any Products delivered for all local deliveries and for international orders worth €50 or more, at which point risk and title for your purchased Products passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Bacha Coffee, and transfer of responsibility in the same way. Bacha Coffee will not accept any responsibilities should the intended recipient no longer be at that address provided, if the receiver refuses and/or fails to return the items.
9.5. Bacha Coffee charges for standard shipping for all International deliveries through DHL Express. Bacha Coffee may also offer additional shipping options from time to time and charges will be displayed at during the checkout process.
9.6. Bacha Coffee has used best efforts to ensure that where certain countries impose shipping restrictions on certain Products, the Products falling under those restrictions will not be offered for sale when that particular country is selected. However, Bacha Coffee will not be responsible in the event any Products is detained or declined at customs due to any reason including shipping restrictions. In the event any Products purchased which has been declined by customs and returned to Bacha Coffee, we will provide you with a full refund of the amount you originally paid.
10. VERIFICATION OF PURCHASES
10.1. You are responsible to verify the quantity and condition of the purchases upon delivery.
10.2. Without prejudice to the application of the legal warranties, in case you observe damaged or missing Products, you must notify and file a claim with the courier and inform Bacha Coffee within 7 days after the delivery. Bacha Coffee shall in such case provide you with identical replacement merchandise.
10.3. We have made every effort to display as accurately as possible the colours of our Products that appear in this Website. However, as computer and mobile phone or any other electronic device screens vary, we cannot guarantee that your screen’s display of any colour will be completely identical to our Products.
11. RETURNS AND EXCHANGES POLICY
THIS SECTION ON “RETURNS AND EXCHANGE POLICY” DOES NOT AFFECT YOUR STATUTORY RIGHTS.
11.1. You have the right to return any unopened and undamaged Products within 30 days after receipt of the order, at your expense for either exchange or refund, and without penalty, without having to justify your decision.
To this end, you shall either (i) complete and return to Bacha Coffee the withdrawal form attached to the Terms and Conditions (Appendix 1) or (ii) send to Bacha coffee an unambiguous declaration expressing clearly your intention to withdraw before the expiration of the withdrawal period.
11.2. You must return Products to us without excessive delay and, in all cases, fourteen (14) days after having communicated your decision to withdraw under conditions set out above.
11.3. If you have returned Products exercising your right of withdrawal, Bacha Coffee will then refund the invoiced amount within fourteen (14) days of receipt of the returned Products by Bacha Coffee.
11.4. Bacha Coffee will only accept returns of unopened Products in their original condition and packaging and accompanied by the invoice. Returns that are used, damaged, soiled or where the packaging has been torn will not be accepted and may be returned to the Customer, at the Customer’s expense (this may include shipping costs and additional duties and taxes).
11.5. All returns to Bacha Coffee will be chargeable at a flat rate of €15. We request that you contact us at CustomerCare.fr@BachaCoffee.com prior to all return requests and the team will arrange for your items to be returned to us via DHL Express to ensure that they are protected and insured during transit. Please note that we will not be liable for goods which are not returned using our DHL Express service.
11.6. In order to be entitled to a refund, return or repair, please contact us as stated below by email at CustomerCare.fr@BachaCoffee.com.
12. PROMOTIONAL CODES
The following terms and conditions (“PC Terms”) apply to the redemption and use of the Bacha Coffee promotional codes (“Promotional Codes”) featured on our website at https://BachaCoffee.com and on our mobile application.
12.1. Promotional Codes may be obtained via email or print material.
12.2. Promotional Codes may be used only towards the purchase of qualifying items listed on our website and sold on our website by Bacha Coffee (the “Qualifying Items”).
12.3. Promotional Codes entitle you to:
(a) A savings on new orders of Qualifying Items placed on this Website. Details of the applicable discount or saving entitlement and price calculation will be shown with the description in the email or print material providing you with the Promotional Codes;
(b) Preferential/discounted freight rates;
(c) A non-exchangeable fixed complimentary gift with purchase (to be determined by Bacha Coffee).
12.4. A Promotional Code may only be used
(a) For a single new purchase order of one or more Qualifying Items (the “QI Order”); and
(b) For the period of time specified in Bacha Coffee’s email or print material accompanying the Promotional Codes (the ”Offer Period”). The expiry date of the Offer Period for each Promotional Code is clearly shown on Bacha Coffee email or print material accompanying the Promotional Codes.
12.5. Redemption of Promotional Codes
Redemption Code
(a) Can only be redeemed online;
(b) Void where prohibited by applicable law;
(c) Only one (1) Promotional Code may be redeemed per user account/per household/ per promotion;
(d) Redeemable on Qualifying Items only;
(e) Cannot be used in combination with other discounts, coupons, promotions, shipping specials or other Promotional Codes;
(f) Must be entered at check out in order to be applied to your QI Order; and
(g) Cannot be applied after the QI Order is submitted.
12.6. Bacha Coffee reserves the right not to process the QI Order where it determines that the Promotional Code used is invalid for the QI Order being placed.
12.7. By placing the QI Order, you represent you have read, understood and agreed to be bound by these PC Terms and you acknowledge and agree to be legally bound by these PC Terms.
12.8. The placing of a QI Order is subject to availability of the Qualifying Items and Bacha Coffee reserves the right to amend, withdraw or terminate the validity of any Promotional Code at any time without prior notice to you.
12.9. The Promotional Codes may not be:
(a) Used on any existing order;
(b) Used in conjunction with any other offer or promotion. This Website is updated regularly and Promotional Codes may only be used in relation to clearly demarcated Qualifying Items at the time of placing the QI Order;
(c) Exchanged for cash, credit or gift certificates;
(d) Valid after the expiry date.
12.10. Values of Promotional Codes
Promotional Codes
(a) Are not replaceable if lost, stolen or damaged;
(b) Cannot be combined with other discounts, reward points, vouchers and promotions;
(c) Be have no cash value and may not be redeemed for cash.
12.11. Please note that the Terms and Conditions shall apply to the use of the Promotional Codes. If there is an inconsistency between any of the provisions of the PC Terms and these Terms and Conditions, the provisions of the PC Terms shall prevail.
12.12. Bacha Coffee reserves the right to amend, change and/or delete any information or any of the PC Terms at any time without liability and without giving any prior notice to the holders of the Promotional Codes, or to suspend or cancel the promotional code program in whole or in part.
12.13. You understand and agree that any material and/or data downloaded or otherwise obtained through this Website is done entirely at your own discretion and risk. At no point does Bacha Coffee guarantee that the Promotional Codes presented on our website to be completely correct.
12.14. If you have any enquiries please contact us at CustomerCare.fr@BachaCoffee.com.
13. FORCE MAJEURE
13.1. Bacha Coffee shall not be liable to the Customer for default of its obligations under this these Terms and Conditions or in relation to the Products when such default is by reason of force majeure event as defined in article 1218 of the French Civil Code, including:
(a) fire, accident, any law, order, proclamation, regulation, demand or requirement of the Government of France or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Bacha Coffee;
(b) Act of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes);
(c) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services, in which cases, Bacha Coffee shall be excused from such performance to the extent of such prevention.
13.2. In the event of delay in delivery, Bacha Coffee's obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Bacha Coffee will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among the customers in a fair and reasonable manner. If Bacha Coffee cannot perform our obligations due to such an event, you may cancel your contract, and Bacha Coffee will reimburse the value of the contract sale under the conditions of the French Consumer Code. To cancel, please contact us.
14. OTHER PROVISIONS
14.1. No failure, delay, relaxation or indulgence on the part of Bacha Coffee in exercising any power or right conferred upon it in these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms and Conditions.
14.2. These Terms and Conditions embody the entire agreement concluded between Bacha Coffee and you concerning the purchase of Products. Any other agreed terms or conditions issued by Bacha Coffee and governing its relations with you, in particular relating to any product or service, shall supplement these Terms and Conditions and in the event of any inconsistency between them, the other terms and conditions shall prevail over these Terms and Conditions.
14.3. If any of these Terms and Conditions is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms and Conditions, such provisions shall be fully separable and these Terms and Conditions shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms and Conditions.
14.4. Except for all affiliates of Bacha Coffee, no other person shall have any rights whether under French law to enforce or enjoy any benefit under these Terms and Conditions. Notwithstanding anything in these Terms and Conditions the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms and Conditions.
14.5. These Terms and Conditions constitute the entire agreement between you and Bacha Coffee with respect to your order of Product via this Website and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between Bacha Coffee and its affiliates in respect of the matters dealt with in these Terms and Conditions. No promise, inducement, representation or agreement other than as expressly set forth in these Terms and Conditions have been made by Bacha Coffee or its affiliates.
14.6. If any term of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms and Conditions, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
14.7. Bacha Coffee reserves the right to modify these Terms and Conditions at any time. Should you not agree to any provision herein or any changes we make to these Terms and Conditions, we ask and advise that you do not use or continue to access the Online Shopping immediately.
14.8. The headings of the provisions of these Terms and Conditions are for convenience only and shall not alter or modify the terms and conditions in any manner.
15. PERSONAL DATA AND COLD CALLING
15.1. Please refer to our Privacy Policy accessible here to understand how Bacha Coffee will use, process and protect the personal information and the data you submit when purchasing Products or Services and otherwise using the Website.
15.2. Customer may request, free of charge, that their telephone number be added to BLOCTEL’s anti-spam telephone list, which is available at the following address: www.bloctel.gouv.fr.
16. APPLICABLE LAW
Your use of this Website and these Terms and Conditions shall be governed by, and interpreted in accordance with the laws of France and subject to clause 17 below any dispute arising out of or in connection with these Terms and Conditions (including a dispute regarding the existence, validity or termination of these Terms and Conditions) falls under the jurisdiction of the competent courts in accordance with the provisions of the French Civil Procedure Code.
17. MEDIATION
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Bacha Coffee adheres to the Service of the Consumer Mediator FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: Consumer Mediator FEVAD - BP 20015 – 75362 PARIS CEDEX 8 – https://www.mediateurfevad.fr.
After prior written contact with Bacha Coffee by the Customer, the Mediator service may be contacted for any consumer dispute that has not been settled. To find out how to contact the Mediator service, please click here.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
In the event of a complaint that has not been resolved amicably, the Customer may refer to the mediator for any dispute that has not been settled.
The Customer remains free to accept or not the use of mediation and each party is free to accept or not the solution proposed by the mediator. Otherwise, the dispute falls under the jurisdiction of the competent courts in accordance with the provisions of the French Civil Procedure Code.
APPENDIX 1 – WITHDRAWAL FORM
(Form to be completed and returned in accordance with Section 11 above only if you wish to exercise your right of withdrawal)
For the attention of Bacha Coffee:
Par post: Bacha Coffee France, 34 avenue des Champs-Elysées 75008 Paris; or
By e-mail: CustomerCare.fr@BachaCoffee.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*):
Order number:
Product reference:
Name of the Customer(s):
Address of Customer(s):
Signature of Customer(s) (only if notifying this form on paper):
Date:
(*) Delete as appropriate.
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