GENERAL TERMS AND CONDITIONS OF ONLINE SALE

These terms and conditions are current as of June 15, 2019.

1. DEFINITIONS

1.1. These General Terms and Conditions of Sale (hereinafter referred to as ''GTC'') are offered by CUSUAKA (hereinafter referred to as ''the Company''), a SAS with capital of 10,000 euros, registered in the Nanterre Trade and Companies Register under number RCS 852 035 583, with its registered office at 17 rue Yves Kermen, Boulogne-Billancourt, France. Its toll-free telephone number is +33 (6) 50 83 46 07, its e-mail address is hola@cusuaka.com and its individual VAT identification number is FR9852035583.

1.2. The company is the owner and publisher of the http://www.cusuaka.com/ website (hereinafter referred to as the ''Site''). The Site is hosted by OVH, SAS with capital of 10,069,020 euros, headquartered at 2 Rue Kellermann, 59100 Roubaix, France.

1.3. The publication director is Charlotte Arroyave.

1.4. The Site offers the Customer (hereinafter referred to as "the Customer") the opportunity to purchase roasted coffee, as well as all related accessories, including but not limited to grinders, coffee machines, coffee filters, etc. (hereinafter referred to as "the Products").

1.5. Before using the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and to order the Products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and free of viruses.

2. APPLICATION AND ENFORCEABILITY OF THE TERMS AND CONDITIONS

2.1. The purpose of these General Terms and Conditions of Sale is to define all the conditions under which the Company markets the products offered for sale on the Site to Customers. They therefore apply to any Order (''Order'') of products placed on the Site by the Customer.

2.2. The Customer declares that he/she has read and accepted the present General Terms and Conditions of Sale before placing an Order.

2.3. Validation of the Order therefore implies acceptance of these GCS. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site at the time the Order is placed.

2.4. In the absence of express acceptance by the Customer, any condition to the contrary shall be unenforceable against La Société, regardless of the time at which it may have been brought to La Société's attention.

2.5. The fact that the Company does not avail itself at a given time of any provision of the present GTC shall not be interpreted as a waiver of the right to avail itself at a later date of any provision of the said GTC.

3. ORDERING PRODUCTS ON THE SITE

3.1. The products offered for sale are described and presented as accurately as possible. Nevertheless, a slight variation in the color of the product(s) does not engage the responsibility of La Société and does not affect the validity of the sale.

3.2. La Société reserves the right to correct the content of the Site at any time.

3.3 In the event of unavailability of the Product ordered, the Company will immediately inform the Customer and may offer a product of equivalent quality and price or, failing this, a voucher for the amount of the order to be used on a future Order. In the event of disagreement with the Customer, the Company will refund the price of the unavailable Product. The Company is not liable for any cancellation indemnity, unless it is personally responsible for the non-performance of the contract.

3.4. The Customer can find out on the product page the period during which, or the date until which, spare parts essential for the use of the product are available on the market.

3.5. The Customer selects the product(s) he wishes to purchase, and can access the Order summary at any time.

3.6. The Order summary lists the product(s) selected by the Customer, and includes any additional charges, such as delivery costs, which are added to the price of the product(s) in the Order. The Customer may modify his/her Order and correct any errors before accepting it.

3.7. After accessing the Order summary, the Customer confirms acceptance of the Order by ticking the GTS validation box, then clicking on the Order validation icon. The words ''Order with payment obligation'' or a similar unambiguous wording will appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.

3.8. Once the General Terms and Conditions have been accepted and the Order has been validated, the contract is validly concluded between the Company and the Customer and is irrevocably binding on both parties.

3.9. Once the Order has been validated, and in order to proceed with payment, the Customer enters the contact details for delivery of the product(s) ordered, and for invoicing if different. The delivery process for the product(s) ordered is described in ARTICLE 5 of these GCS.

3.10. The Company will then send the Customer an Order confirmation by e-mail, which will include the details of the Order summary and the delivery and, if applicable, billing addresses entered.

3.11. Once the Customer has validated his/her delivery and, where applicable, billing details, he/she will proceed to pay for his/her Order in accordance with the terms and conditions set out below.

3.12. The photographs in the catalog are as accurate as possible, but cannot guarantee perfect similarity with the Product presented, particularly with regard to colors.

4. ORDER PRICE AND PAYMENT TERMS

4.1. Prices are indicated on the Site in the product descriptions, in euros, inclusive of all taxes and exclusive of delivery charges.

4.2. The total amount is indicated in the Order summary, before the Customer accepts these GCS, validates his Order, enters and validates his delivery and, where applicable, billing details, and proceeds to payment. This total amount is indicated inclusive of all taxes.

4.3. Orders for products placed on the Site are payable in euros. Payment must be made in full on the day the Order is placed by the Customer, by credit card, unless special conditions of sale are expressly accepted by the Customer and the Company.

4.4 In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the total confidentiality of the Customer's banking information. The bank card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored by the Company.

4.5. The Customer guarantees the Company that he/she has the necessary authorizations to use the method of payment when placing the Order.

4.6. Communications, Orders and invoices are archived on a reliable and durable medium. They may be produced as proof of the contract, where applicable.

4.7. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

5. DELIVERY

5.1. The product(s) offered on the Site can be delivered to Metropolitan France and EU member states.

5.2. The Company undertakes to deliver the product(s) within a period not exceeding 10 working days from the date of the Order.

5.3. When the Order is ready, the Customer will be informed by e-mail of its dispatch. The product(s) ordered will be delivered to the delivery address indicated by the Customer at the time of placing the Order, in accordance with the conditions set out in article 3.9 of these GCS.

5.4. The Customer must ensure that the information communicated in article 3.9 of these GCS is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform La Société of any change in billing and/or delivery details that may occur between the order and delivery, by sending an email to the Customer Service email address without delay. Failing this, in the event of late and/or incorrect delivery, the Customer may under no circumstances hold the Company liable for failure to deliver, and the Company's Customer Service Department will contact the Customer to arrange a second delivery at the Customer's expense. Nor shall the Company be held liable in the event of non-receipt of the products by a third party beyond its control, or in the event of theft.

5.5. If the Order is returned due to the Customer's absence, the Company's Customer Service will contact the Customer to arrange a second delivery at the Customer's expense.

The Customer may track the delivery of his Order by contacting the Customer Service number given in ARTICLE 6 of these GCS.

6. CUSTOMER SERVICE

6.1. For any request for information, clarification or complaint, the Customer must contact, as a priority, La Société's Customer Service Department, in order to enable the latter to attempt to find a solution to the problem.

6.2. The Company's Customer Service Department is available from 9am to 6pm, Monday to Friday, using the following contact details: - Telephone: +33 (6) 50 83 46 07 - email: hola@cusuaka.com - post: 17 rue Yves Kermen, 92100 Boulogne-Billancourt, France

7. LEGAL AND COMMERCIAL WARRANTIES

All products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and to the guarantee against hidden defects provided by articles 1641 and 1648, first paragraph, of the French Civil Code:

Article L.217-4 of the French Consumer Code: 'The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility''.

Article L.217-5 of the French Consumer Code: ' The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter''.

Article L.217-12 of the French Consumer Code: ''Action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods''.

Article 1641 of the French Civil Code: ''The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he known of them.

Article 1648 of the Civil Code, first paragraph: ''The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.''

If a Customer considers that he/she has received a product which he/she considers to be defective or non-conforming, he/she should contact the Company as soon as possible after receipt of the Order, at the following e-mail address: hola@cusuaka.com, or by registered mail with acknowledgement of receipt to the following address: 17 Rue Yves Kermen, 92100 Boulogne-Billancourt, France, specifying the defect or non-conformity in question.

It is the Customer's responsibility to provide full justification of any apparent defects and/or anomalies. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He shall refrain from intervening himself or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed with the replacement of the product of which the Company would have been led to note the lack of conformity, or the defectiveness.

Should it be impossible to exchange the product, the Company will be obliged to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made at the Company's discretion by crediting the Customer's bank account. The Customer may opt for another method of reimbursement.

8. OBLIGATIONS OF THE CUSTOMER

8.1. The Customer undertakes to comply with the terms of these GCS.

8.2. The Customer undertakes to use the Site in accordance with the Company's instructions.

8.3. The Customer agrees to use the Site solely for its own personal use, in accordance with these GTC. In this respect, the Customer agrees not to:

- Use the Site in any illegal manner, for any illegal purpose or in any manner inconsistent with these GTC.

- Sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the contents of the Site or decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.

- Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionality of the Site.

- To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.

- Infringe the Company's intellectual property rights and/or resell or attempt to resell the products to third parties.

- To disparage the Site and/or the products as well as the Company on social networks and any other means of communication.

8.4. If, for any reason whatsoever, the Company considers that the Customer is in breach of these GCS, the Company may, at any time and at its sole discretion, remove the Customer's access to the Site and take any measures, including civil and criminal legal action, against the Customer.

9. RIGHT OF WITHDRAWAL

9.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify his decision or pay any penalty.

9.2. To exercise their right to withdraw from the Order, Customers must notify the Company of their decision to withdraw by means of an unambiguous statement, without having to justify their decision. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 17 rue Yves Kermen, 92100 Boulogne- Billancourt, France or by e-mail to hola@cusuaka.com.

9.3. To exercise his right of withdrawal, the Customer must notify the Company of:
-his or her name, address and, where available, telephone number and e-mail address ;
their name, address and, where available, telephone number and e-mail address; - and their decision to withdraw by means of an unambiguous statement expressing their wish to do so.
A withdrawal form is provided below.

9.4. If the Customer notifies the Company of his/her decision to withdraw, by whatever means, the Company will immediately send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).

9.5. The Customer must return the product(s) in the same condition in which he/she received it/them, and with all packaging, accessories and instructions (even if the product(s) has/have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the following address: 17 rue Yves Kermen, 92100 Boulogne-Billancourt, France. In accordance with the law, the
Customer shall bear the cost of returning the product(s).

9.6. The Customer is invited to indicate the reason for return/retraction, in order to help the Company improve its product(s).

9.7. In the event of withdrawal by the Customer, reimbursement of the product(s) which has/have been the subject of the right of withdrawal shall be made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. Refunds will be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Customer's decision to withdraw from the Order.
In accordance with article L.221-23 of the French Consumer Code, the Customer is hereby informed that the Company shall only be held liable for any depreciation in value of the product(s) returned following the exercise of the right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the said product(s).

10. LIABILITY

10.1. The Company takes all appropriate measures to ensure that the Customer is supplied with quality product(s) under optimum conditions. However, the Company shall not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, should the Company be held liable, it may under no circumstances agree to compensate the Customer for indirect damage or damage whose existence and/or quantum is not established by evidence.

10.2. The Site may contain links to other sites not edited or controlled by the Company, which may not be held responsible for the operation, content or any element present on or obtained via these sites.

10.3. The establishment of such links or the reference to any information, articles or services provided by a third party cannot and shall not be construed as an express or tacit endorsement by the Company of such sites and elements or their content.

10.4. The Company is not responsible for the availability of these sites and cannot control their content nor validate the advertising, product(s) and other information disseminated on these websites.

10.5 It is expressly stipulated that the Company shall not be held liable in any way whatsoever if the Customer's computer equipment or electronic mailbox rejects, for example as a result of anti-spam software, electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.

10.6. The Customer is fully aware of the provisions of the present article and in particular of the aforementioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.

11. SECURITY

The Customer undertakes not to undermine the security of the Site. To this end, the Customer undertakes not to access and/or maintain the Company's information system fraudulently. Nor may the Customer damage or hinder the Company's information system. Should the Customer fail to do so, the Company may take any measures against him/her, including incurring criminal liability under articles 323-1 et seq. of the French Penal Code.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. All elements of this Site and the Site itself are protected by copyright, trademark, design rights and/or other intellectual property rights. These elements are the exclusive property of the Company. All such rights are reserved worldwide.

12.2. The name and trademark, logos, designs, stylized letters, figurative marks, and all other signs represented on this Site are and shall remain the exclusive property of the Company.

12.3. No title or right whatsoever in any element or software shall be obtained by downloading or copying elements of this Site. The Customer is expressly prohibited from reproducing (other than for the Customer's own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the elements and software contained therein, nor from selling or participating in any sale in connection with this Site, the elements of this Site or any related software.

12.4. The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

12.5. This Site may contain links to other sites not edited or controlled by the Company, which may not be held responsible for the operation, content or any element present on or obtained via these sites. The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and elements or their content.

12.6. Any questions or comments in relation to another site should be addressed to the operators of those sites. No link to this Site is authorized without the express prior written consent of the Company.

12.7. Any use by the Customer of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the express prior consent of the Company.

13. NEWSLETTER

13.1. By checking the box provided for this purpose or by expressly agreeing to this, the Customer accepts that the Company may send the Customer, at a frequency and in a form determined by the Customer, a newsletter which may contain information relating to the Company's activity.

13.2. When the Customer ticks the box provided for this purpose in the Site registration process to place the Order, he/she agrees to receive commercial offers from the Company for products similar to those ordered.

13.3. Customers may unsubscribe from the newsletter by clicking on the appropriate link in each newsletter.

14. APPLICABLE LAW AND JURISDICTION

14.1. These GCS shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.

14.2. In the event of any dispute arising out of or in connection with the interpretation and/or performance of these GTS, the Customer may elect to submit the dispute with the Company to conventional mediation or any other alternative dispute resolution procedure.

14.3. The Customer may visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the dispute settlement bodies approved in France: https://webgate.ec.europa.eu/odr/.

14.4 Should this mediation procedure fail, or should the Customer wish to take the matter to court, the rules of the French Code of Civil Procedure will apply.

withdrawal form

For the attention of :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the Service (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.