Terms and conditions of sale
The website www.knopes.com (hereinafter referred to as "the Site") is offered by the limited liability company Knopes SARL, registered with the Luxembourg Trade and Companies Register under number B184727 (hereinafter referred to as "Knopes Artisan Torréfacteur").
Registered office and postal address:
Knopes SARL
7, Um Woeller
L-4410 Soleuvre
Article 1. Purpose
The purpose of these general conditions of sale (the "General Conditions") is to define the rights and obligations applicable to sales concluded between Knopes Artisan Torréfacteur and its customers wishing to make an online purchase via the Site, hereinafter referred to as the "customers". Knopes Artisan Torréfacteur is in the business of selling specialty coffees and coffee-making equipment online.
It markets these goods through the Site. The list of goods offered for sale online by Knopes Artisan Torréfacteur can be consulted on the site.
The relationship between Knopes Artisan Torréfacteur and its customers is governed exclusively by these terms and conditions.
Knopes Artisan Torréfacteur reserves the right to modify these terms and conditions at any time, subject to prior notification of customers by Knopes Artisan Torréfacteur. These changes will be effective once posted on the site. The general terms and conditions are those in force on the date the order is validated. All orders placed on the site require knowledge and acceptance of the present terms and conditions.
Article 2: Definitions
In these terms and conditions, certain terms are defined as follows:
"item": the good(s) ordered; "good": any product offered for sale on the site;
"order": request for goods made by the customer to Knopes Artisan Torréfacteur;
"delivery costs": amount of the costs incurred to deliver the order to the delivery address indicated by the Customer;
"delivery": dispatch of the item to the Customer;
"delivery method": means any of the standard or express delivery methods available on the site at the time the order is placed;
"price": the unit value of a good or service; this value includes all taxes and excludes delivery charges;
"total price": the total amount of the cumulative prices of the goods and services that are the subject of the order; this amount includes all taxes and excludes delivery charges;
Article 3: Field of application
On-line sales under the present terms and conditions are reserved solely for consumers, as defined by law and jurisprudence, acting exclusively on their own behalf, over the age of eighteen (18), and domiciled in the following countries: Luxembourg, France, Belgium, Germany and the Netherlands.
The customer is informed of the essential characteristics and prices of the goods sold electronically on the site.
In addition, the customer receives the pre-contractual information provided for in Articles L. 221-2 and L.222-3 to L.222-6 of the French Consumer Code, at the conclusion of the order process, and in particular by means of these general terms and conditions.
These terms and conditions apply to all sales of goods by Knopes Artisan Torréfacteur through the site. The customer declares that he/she has read these terms and conditions before validating the order. Validation of the order therefore requires acceptance of the general terms and conditions without restriction or reservation. The general terms and conditions apply to orders placed for delivery in Luxembourg, France, Belgium and the Netherlands.
Article 4: Placing an order
The customer can only place an order online, 24 hours a day, 7 days a week.
To place an order, the customer must complete the following steps:
1. Go to the site;
2. Follow the site instructions, and in particular the instructions for opening a customer account, by clicking on "create an account" in the new customer area;
3. Fill in the order form.
During the connection period, until the order is validated, a selected item that initially appeared to be available may be out of stock. The customer is then invited to restart his selection of goods from the beginning;
1. Check order items entered in a shopping cart, and if necessary, identify and correct errors;
2. Accept terms and conditions;
3. Validate the order, the total price as well as the delivery costs and any promotional codes (order validation); 4. Follow the instructions of the online payment server to pay the total price.
The customer then receives immediate electronic confirmation of acceptance of payment for the order.
The customer will also receive a confirmation of the order (the "Order Confirmation") by e-mail without delay. Delivery will be made to the delivery address indicated by the customer at the time of ordering. During the various stages of the order process, the customer undertakes to comply with these general terms and conditions in application of article 1316-1 of the French Civil Code.
Knopes Artisan Torréfacteur undertakes to honour orders only within the limits of available stocks of goods. If the goods are not available, Knopes Artisan Torréfacteur undertakes to inform the customer. However, in accordance with the Consumer Code, Knopes Artisan Torréfacteur reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the customer concerning the payment of a previous order.
Article 5: Price of goods and terms of payment
The price of goods sold on the site is indicated by article and reference. When the order is validated, the price to be paid is the total price. The period of validity of offers and prices is determined by the updating of the site.
Payment of the total price by the customer is made, at the customer's option :
- by credit card: Visa, Eurocard / MasterCard bank cards are accepted.
The customer's card number is transmitted to a secure bank server using SSL encryption, which automatically checks the validity of access rights.
After verification of the customer's credit card details, the transaction is debited upon receipt of debit authorization from the credit card issuer.
In accordance with applicable legal provisions, the commitment to pay by credit card is irrevocable. By providing his/her credit card details, the customer authorizes Knopes Artisan Torréfacteur to debit his/her credit card for the amount corresponding to the total price. To this end, the customer confirms that he/she is the holder of the credit card to be debited and that the name on the credit card is indeed his/her own.
Should it prove impossible to debit the full price, the order will be cancelled and the sale immediately cancelled by operation of law.
- by PAYPAL, on the www.paypal.com website (see conditions of use on www.paypal.com)
Article 6: Delivery of the order
6.1. Delivery method
The customer chooses one of the delivery methods offered on the site when placing the order.
6.2. Delivery address
The customer must choose a delivery address in Luxembourg, France, Germany, Belgium or the Netherlands, failing which the Order will be refused. The customer is solely responsible for any failure to deliver due to a lack of information at the time the order is placed.
6.3. Delivery charges
The amount of the delivery charge depends on the value of the order, the delivery address and the delivery method chosen by the customer. In any case, the amount of the delivery charges is indicated to the customer before the order is validated.
6.4. Delivery times
Delivery times vary between 3 and 15 working days.
Delivery times run from the date of order confirmation by Knopes Artisan Torréfacteur.
6.5. Late delivery
In the event that delivery is delayed beyond the delivery date initially promised, the customer may cancel the order.
6.6. Checking the delivery on arrival
The customer must check the condition of the packaging. It is the customer's responsibility to make any reservations or complaints he/she deems necessary, or even to refuse the parcel if it is obviously damaged on delivery.
The customer must ensure that the delivery conforms to the order. If it appears that an error has occurred during the processing of the order, the customer must inform Knopes Artisan Torréfacteur by e-mail, in order to agree on the modalities of repairing this error.
6.7 Transfer of ownership
Knopes Artisan Torréfacteur reserves ownership of the products delivered and designated below until full payment of their price in principal and interest.
Article 7: Right of withdrawal
The customer has a right of withdrawal on non-food equipment and accessories, which may be exercised within fourteen calendar days of receipt or collection of the order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. Customers exercising their right of withdrawal must return the goods within fourteen days of notification of withdrawal, in their complete original packaging.
Knopes Artisan Torréfacteur will then reimburse the sums debited within fourteen days of notification, once it has received the returned package complete (packaging, accessories, instructions, etc.) and in its original condition. The customer is responsible for return shipping costs.
Knopes Artisan Torréfacteur reserves the right to have the condition of items checked or appraised.
Article 8: Complaints
The customer must address any complaints to Knopes Artisan Torréfacteur by :
- by post to the address: 7, Um Woeller L-4410 Soleuvre
- electronically at: info@knopes.com
The customer must indicate the reference number and date of the order in his complaint.
Article 9: Warranty - Liability
Knopes Artisan Torréfacteur is subject to the conditions of the legal guarantee of conformity stipulated in articles L. 212-1 et seq. of the French Consumer Code and to the conditions of the guarantee for hidden defects of the item sold in accordance with articles 1641 and 1648 of the French Civil Code: the goods offered comply with current Luxembourg legislation. Knopes Artisan Torréfacteur shall not be held liable in the event of failure to comply with the legislation of the country to which the goods are delivered. It is the customer's responsibility to check in advance with the local authorities in his or her country for the possibility of importing the goods he or she intends to order.
Knopes Artisan Torréfacteur makes every reasonable effort to ensure quality access to the site and the security of data transmitted by customers via the site, but assumes no obligation of result in this regard.
Knopes Artisan Torréfacteur does not guarantee continuous operation of the site, which may be interrupted for maintenance reasons. Knopes Artisan Torréfacteur cannot be held responsible for any other malfunction or failure of the network or servers or any other technical malfunction beyond its reasonable control that would prevent or alter access to all or part of the site, as well as in the event of force majeure as defined by applicable regulations.
Article 10: Intellectual property rights
All rights relating to the site, its elements and their original and innovative character, in particular intellectual property rights over texts, brands and in particular the Knopes SARL brand, literary, graphic (including photographic) and audiovisual creations, computer developments, HTML developments and generally all creations likely to be protected by intellectual property such as images, logos, layout, graphic charter, structure, ergonomics, color codes, typefaces, fonts, basic graphic elements, graphic organization of screens, page layout, page backgrounds and more generally the visual identity of the site, sound elements belong exclusively to Knopes Artisan Torréfacteur without any limitation.
All trademarks, illustrations, images and logos appearing on the goods offered for sale by Knopes Artisan Torréfacteur, their accessories and packaging, whether registered or not, are and will remain the exclusive property of the owners of said trademarks, illustrations, images and logos.
Unless otherwise indicated, Knopes Artisan Torréfacteur does not grant any license or authorization with respect to the intellectual property rights it has on the site or its elements, and no reproduction of the site, in whole or in part, in any form whatsoever and by any means whatsoever, is permitted without the prior written authorization of Knopes Artisan Torréfacteur.
Article 11: Protection of personal data
Knopes Artisan Torréfacteur determines the purposes and means of data processing carried out in accordance with European Regulation No. 2016/679 of April 27, 2016 (General Data Protection Regulation - GDPR "). As such Knopes Artisan Torréfacteur is responsible for the data processing carried out.
Knopes Artisan Torréfacteur is required to process customers' personal identification data such as surnames, first names, postal address, e-mail address, country and municipality of residence (hereinafter the "data").
The data is transmitted by the customer to Knopes Artisan Torréfacteur when creating an account and/or placing an order. The data will only be processed for the purpose of enabling optimal use of the services provided by Knopes Artisan Torréfacteur, i.e. in order to process orders placed by customers. Data processing is therefore necessary for the performance of a contract to which the data subject is a party (sales contract) or for the performance of pre-contractual measures taken at the data subject's request (creation of a customer account).
The data will not be used for any other purpose, and in particular for commercial prospecting, without the customer's consent. Within the framework of its activity, Knopes Artisan Torréfacteur may communicate data only to persons to whom Knopes Artisan Torréfacteur subcontracts certain work related to the operation of the site. These are the following subcontractors: [ ]
Knopes Artisan Torréfacteur does not transfer customer data to third countries.
In addition, Knopes Artisan Torréfacteur may be required to disclose data to comply with applicable laws or at the request of an authority, or as part of legal proceedings, to enforce these terms and conditions, for example to respond to complaints and/or claims, to protect the rights or interests of Knopes Artisan Torréfacteur or its customers.
Knopes Artisan Torréfacteur takes all appropriate precautionary, technical and organizational measures to ensure data security. However, it cannot rule out all risks associated with the use of the Internet.
Knopes Artisan Torréfacteur retains data for the duration of the contractual relationship with the customer and thereafter for the duration of the legal statute of limitations (which is generally 10 years). On expiry of this period, Knopes Artisan Torréfacteur will delete or anonymize the data, unless Knopes Artisan Torréfacteur is under a legal obligation to retain the data for a longer period.
Customers are informed that they have the right to request from Knopes Artisan Torréfacteur access to data concerning them, the rectification or deletion thereof, or a limitation of the processing concerning them, as well as the right to object to the processing concerning them under certain conditions, and the right to data portability.
Customers may contact Knopes Artisan Torréfacteur with any questions or to obtain further information about the processing of their personal data or to exercise their rights, at the following email address: info@knopes.com. Knopes Artisan Torréfacteur will reply within one month.
Customers are also informed that if they are not satisfied with Knopes Artisan Torréfacteur's response to one of their requests or with the way Knopes Artisan Torréfacteur handles data, they have the right to lodge a complaint with a supervisory authority (the Commission nationale pour la protection des données au Luxembourg - CNPD - www.cnpd.public.lu).
Article 12: Force Majeure
The performance by Knopes Artisan Torréfacteur of its obligations under the terms of the sales contract and the general conditions will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its performance.
Knopes Artisan Torréfacteur will notify the customer as soon as such an act of God or force majeure occurs.
The customer may cancel the current order and Knopes Artisan Torréfacteur will then refund the order.
Article 13: Miscellaneous provisions
Should any of the provisions of these terms and conditions be invalidated, such invalidity shall not entail the invalidity of the other provisions, which shall remain in force.
Knopes Artisan Torréfacteur may assign or transfer all or part of the benefit of these terms and conditions to a third party. Knopes Artisan Torréfacteur's failure to invoke any provision of these terms and conditions shall not constitute a waiver of its right to invoke said provision.
Article 14: Applicable law - Jurisdiction
The general terms and conditions are governed by Luxembourg law.
Any dispute arising from the formation, interpretation or execution of the general terms and conditions shall be subject to the jurisdiction of the Luxembourg courts.
In the event of a dispute, consumers may contact :
- The Union luxembourgeoise des Consommateurs (ULC), in the case of a dispute in Luxembourg
- Or the Centre Européen des Consommateurs (CEC Luxembourg) for cross-border consumer disputes.