COSY COFFEE T&Cs

 

Article 1: Introduction

The company COSY COFFEE (VAT FR 96914339585), SASU with capital of €50k, registered in the Trade and Companies Register of Agen under number 914 339 585 00012 and whose registered office is located at 1, Rue François Neveu, Atrium, 47550 BOE - Telephone: 09 74 04 22 (Monday to Friday from 9:30 a.m. to 5:00 p.m.) publishes the website accessible at the following address: www.cosy-coffee.com.

Through this platform, the company offers online sales of various products, including coffee and tea, which users, whether individuals or legal entities, can purchase via a secure payment procedure set up and managed by the banking institutions with which agreements have been concluded. COSY COFFEE uses partners to ensure the delivery of products ordered by the customer via the aforementioned site, in accordance with the terms and deadlines specified when ordering. The site www.cosy-coffee.com is written in French, as are all the steps, whether electronic or not, necessary for the validation of an order by the customer. The sales contracts concluded between COSY COFFEE and the customer are therefore formulated in French and are subject to French law.

 

Article 2: Scope of application

These general conditions of sale (GCS) apply to all sales of products or services presented on the site www.cosy-coffee.com .

Articles 1 to 15 are applicable to all customers.

Articles 16 to 21 apply exclusively to consumers.

Articles 22 to 24 apply exclusively to professionals.

For the purposes of these T&Cs, the term "customer" refers to either the consumer or the professional.

"Consumer" refers to any natural person, of full age and capacity, acting for purposes unrelated to their commercial, industrial, craft, liberal or agricultural activity.

"Professional" includes any natural or legal person, public or private, acting within the framework of his commercial, industrial, craft or agricultural activity, including when he acts in the name or on behalf of another professional.

 

Article 3: Acceptance of the T&Cs

The customer is encouraged to download or receive by email the T&Cs before finalizing their order. By placing an order, the customer expressly acknowledges having previously read the content of these T&Cs. These general conditions may be modified at any time and without notice by COSY COFFEE, the modifications applying only to orders placed after their entry into force. The T&Cs are permanently accessible on the website www.cosy-coffee.com , in computer formats allowing them to be printed and/or downloaded (PDF), so that the customer can reproduce or save them.

 

Article 4: Products

4.1: Pricing

Prices are indicated in euros (€), all taxes included, and exclude shipping costs. They include French value-added tax (except in situations specified in Article 262 ter I of the French General Tax Code and/or for certain customers due to their geographical location). Any change in the legal rate of this tax will be reflected in the product prices on the website www.cosy-coffee.com on the date stipulated by the applicable regulations. Prices may be modified at any time, in particular due to variations in supplier prices, promotional offers, launches, or sales. Products will be invoiced according to the rates in effect at the time the order is validated.

Any order commits the Customer to make the corresponding payment.

 

4.2: Shipping Costs

Shipping costs vary depending on the carrier chosen by the Customer when ordering and are specified before the order is confirmed. In the event of post-shipment cancellation (except for the exceptions mentioned in Article 17 for Consumers), shipping costs will not be refunded and will be deducted from the amount of the refund made by Cosy Coffee within 14 days of cancellation. Cosy Coffee may exceptionally cover all or part of the shipping costs.

 

4.3: Availability

Product offers and prices remain valid as long as they are visible on the site. Availability times indicated in product descriptions are expressed in working days, excluding shipments on Saturdays, Sundays, and public holidays. For example, the mention 'IN STOCK - Shipped within 24 hours' means that a product ordered on a Monday will theoretically be shipped on Tuesday, and the delivery date will depend on the chosen carrier (Wednesday for delivery via Chronopost®, Thursday for delivery via Colissimo®).

In the event of permanent unavailability of one or more products, Cosy Coffee will inform the Customer, proposing a suitable alternative. Permanent unavailability may result in the cancellation and refund of the order. In the event of temporary unavailability, Cosy Coffee will inform the Customer of the new delivery times applied by suppliers and/or manufacturers. If this unavailability is excessively prolonged, Cosy Coffee will endeavor to offer an equivalent product or, failing that, will cancel the order and refund the Customer.

 

4.4: Compliance

The products offered by Cosy Coffee comply with applicable French standards. The Customer is responsible for ensuring the compatibility of the products with their existing equipment. Total or partial inability to use the products does not entitle you to any refund or compensation from Cosy Coffee.

 

4.5: Purchase Vouchers

In the context of "gift offers" with vouchers, these cannot be combined on the same order. For example, if the Customer has 2 vouchers in an offer, they can only be used on 2 separate orders and will not be combined for a single future order. Vouchers are valid for a maximum of 4 months from the purchase date triggering their issue.

 

Article 5: Conclusion of the Contract

5.1: Placing an Order

The products available for purchase are presented on the website www.cosy-coffee.fr with detailed descriptions in the product sheets. To purchase a product, the visitor must click on "Add to cart", then follow the steps, including "Choose your delivery" and "Choose your payment method". Before confirming the payment, the visitor can interrupt the process and return to the cart without finalizing the order.

Depending on the payment method chosen, the buyer is informed of the information necessary to finalize the payment. The Customer acknowledges having the required authorizations to use the selected payment method and undertakes to check their solvency before any order. Cosy Coffee reserves the right to suspend or cancel any order in the event of refusal of payment authorization by financial institutions or in the event of a serious dispute with the Customer. The company may also analyze and/or verify orders to prevent fraud.

After payment validation, the Customer receives an order summary by email, including item details, the total price including VAT, including delivery charges, and estimated delivery times. Accepted payment methods are Google Pay and credit card, with a secure system on the site.

Cosy Coffee uses the secure "Payplug" system for credit card transactions. The Customer's bank details are encrypted and protected against unauthorized access. Bank details are never visible or stored by Cosy Coffee, unless the Customer chooses to save a payment card for future purchases, in which case the data remains confidential.

 

5.2: Payment

The Customer expressly confirms that they are authorized to use the payment method chosen when confirming their order and guarantees their solvency prior to any transaction. In the absence of a solvency guarantee, Cosy Coffee reserves the right not to deliver the products ordered.

Cosy Coffee also reserves the right to suspend or cancel any order or delivery in the event of refusal of payment authorization by financial institutions, according to the terms of the payment method selected by the Customer. In addition, the company reserves the right to refuse to process an order or make a delivery if a serious dispute is pending with the Customer.

The Customer is informed that Cosy Coffee may undertake analysis and/or verification of orders to prevent fraud. In this context, Cosy Coffee may request from the Customer any supporting documentation deemed necessary. At the end of this procedure, the company reserves the right to suspend or cancel any order or delivery, even in the event of payment authorization issued by financial institutions, if the analysis or verifications suggest that the order was placed in fraud of the rights of a third party. Cosy Coffee declines all responsibility in the event of embezzlement or fraudulent use of a means of payment not detected by this analysis and/or verification procedure.

The Customer's bank details are never in the possession of Cosy Coffee; their conservation and integrity are the responsibility of the banking establishment.

Once the payment has been validated by the Customer on the bank's secure server, they can return to the website www.cosy-coffee.com. Following payment validation, Cosy Coffee sends the Customer a summary of their order by email. This summary includes details of the items ordered, the total price including tax (except in the cases provided for in Article 262 ter I of the CGI), delivery costs and expected delivery times.

The Customer can pay for their order by bank transfer or credit card.

Accepted bank cards include: Visa, MasterCard, eCartebleue and Bancontact Mister Cash.

The website www.cosy-coffee.com benefits from a security system.

Cosy Coffee has implemented the SSL encryption protocol and strengthened all scrambling and encryption processes to ensure optimal protection of all sensitive data related to payment methods.

When making a purchase, payment is made via the secure "Payplug" system. The Customer's bank details are encrypted, ensuring total protection against any hacking attempts.

Furthermore, the bank card number is at no time visible or stored by Cosy Coffee if the Customer chooses to save a payment card for future purchases, thus guaranteeing the complete confidentiality of their banking data.

 

Article 6: Delivery

6.1: Delivery Information

The products will be shipped to the delivery address indicated by the Customer when ordering, whether online or offline. The delivery areas cover the following territories: Metropolitan France, Martinique, Guadeloupe, Reunion, French Guiana, St-Pierre and Miquelon, Mayotte, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden and Switzerland.

If the delivery address differs from the billing address, the Customer is required to specify these two separate addresses on the order form. It is also the Customer's responsibility to provide all necessary delivery information when ordering, thus facilitating the process for carriers. In the event of incorrect or incomplete information resulting in the impossibility of delivery, a second delivery attempt will be made after the carrier returns the goods to Cosy Coffee, subject to the prior payment of new shipping costs by the Customer.

The destination country must be selected at the time of ordering. Any change in destination, requiring the production of specific documents, will be subject to a flat-rate fee of €50.

 

6.2: Delivery and Absence

The Customer is encouraged to examine the physical condition of the package upon receipt by the carrier, as well as its contents, in the presence of the delivery person, including when dropping it off at the parcel relay point. In the event of absence, the carrier will leave a calling card in the Customer's mailbox, inviting them to collect the products at a designated address. In the event of refusal of delivery by the Customer, a refund will be issued, less the return costs paid by Cosy Coffee.

 

6.3: Delay or Loss

In the event of non-compliance with delivery times by the carrier, the Customer must initially contact the carrier to check whether the ordered products are not on hold. In the event of a significant delay or difficulty locating the products, the Customer can contact Cosy Coffee, which will open an investigation to locate the package potentially lost by the carrier.

The Customer must contact Cosy Coffee and provide all relevant information, including the purchase order. The Customer may be reimbursed before the carrier closes the investigation.

 

Article 7: Reservation of Ownership Clause

The transfer of ownership of the products delivered to the Customer takes place only after full payment of their price and accessories by the Customer.

 

Article 8: Protection of Personal Data

COSY COFFEE is responsible for processing your personal data.

All information relating to the processing of your personal data and your rights is available in our “Data Protection” section. This information remains accessible via a hyperlink located at the bottom of each page of the website www.cosy-coffee.com .

 

Article 9: Nullity and Tolerance

If one or more of the provisions of these General Terms and Conditions of Sale are deemed invalid under a law, regulation, or following a final decision of a competent court, the other provisions shall retain their full force and scope. The fact that COSY COFFEE or the Customer does not assert a breach of one of the obligations arising from these General Terms and Conditions of Sale, or tolerates a situation, does not grant the other party acquired rights. Such tolerance may under no circumstances be interpreted as a waiver of the rights in question.

 

Article 10: Force Majeure

Force majeure occurs when an event beyond the debtor's control, unforeseeable at the time the contract was entered into and unavoidable despite appropriate measures, prevents the debtor from fulfilling its obligation. Examples of cases of force majeure include restrictions resulting from events such as administrative police measures, lockdowns, curfews related to the COVID-19 epidemic or any other epidemic, as well as revolutions, wars, or demonstrations disrupting production or trade in Europe.

The parties agree that cases of force majeure justify the suspension of their obligations, without either party being held liable. If the case of force majeure persists for more than 3 months, each party has the right to terminate the contract without notice by registered letter with acknowledgment of receipt, without this termination being considered as wrongful.

 

 

Article 11: Applicable Legislation

These General Conditions of Sale are governed by French law.

Any possible dispute must first be submitted for an attempt at amicable settlement.

 

Article 12: Tax exemption

When visiting France, foreign customers of COSY COFFEE have the option of making purchases on the website www.cosy-coffee.com and benefiting from a refund of value added tax (VAT), which will result in a significant reduction in the total amount of their purchases.

 

12.1: Conditions for Benefiting from Tax Reduction

The tax refund consists of a VAT refund granted to individuals visiting France for a period of less than 6 months. To be eligible for the tax refund, the total amount of purchases made during the same day, including VAT, must be at least 100 euros. This amount is calculated excluding shipping costs and excludes services and the Peace of Mind Option, which are not eligible for the tax refund. The items purchased must be for personal use and must be carried in the customer's luggage. The tax refund is not applicable to residents of the European Union, overseas departments, and Monaco. It also does not apply to minors, students, interns, and immigrant workers residing in France, even if they return permanently to their country of origin.

 

12.2: Reimbursement Rates

Only products subject to 20% VAT can benefit from tax exemption.

VAT rate: 20% => Refund rate = tax refund amount: 12%

How to Benefit from Tax Refunds?

The customer places an order on www.cosy-coffee.com for a minimum amount of 100 euros including tax (excluding shipping costs and the Peace of Mind Option) and sends their tax refund request to agen@cosy-coffee.fr, providing the following information:

Order number

Full identity (first and last name)

Passport number

Date of birth

Main country of residence

The list of countries eligible for tax exemption and the detailed procedure are available on our website. If information is missing, COSY COFFEE will not be able to process the request favorably. After shipping the package, COSY COFFEE will send the customer the export sales slip to be presented at the Pablo terminals for visa upon leaving the country, or at the customs office if the exit point is not equipped with Pablo terminals.

Please note that customs clearance must be completed within 3 months of the end of the invoicing month. For more information, please visit the government website. COSY COFFEE reserves the right to refuse a tax refund request that does not comply with the conditions set out in the Official Customs Bulletin. Although we take every precaution to keep this information up to date, COSY COFFEE cannot be held responsible for any errors in the above content. For more details, please visit www.douane.gouv.fr or contact our Customer Relations Department.

 

 

Article 13: Conditions of Use of Gift Certificates

13.1: Characteristics of Checks

COSY COFFEE gift certificates are valid on the entire website www.cosy-coffee.com . They are not divisible and must be used for a single order. If the order amount is less than the value of the gift certificate, the difference will not be refunded. Gift certificates are not nominative, and their use is the sole responsibility of the certificate holder. When used, gift certificates cannot be combined with other discount codes. The certificates have a face value of 20, 30, 50, 100, 200, or 300 euros. They are valid exclusively for customers residing in Metropolitan France.

 

13.2: Validity

Gift certificates are delivered in PDF format via email and remain valid for one calendar year from the date of issue.

 

Article 14: Withdrawal period

In accordance with the provisions of Articles L.121-18 et seq. of the French Consumer Code, the Consumer has a withdrawal period of 14 days from receipt of his order to inform COSY COFFEE of his decision to withdraw. He then has 14 days following the communication of his decision to withdraw to return the product, in accordance with Article L.221-23 of the French Consumer Code. Ideally, the Consumer should first notify his intention to return the package as part of the exercise of his right of withdrawal by contacting COSY COFFEE via this form [link to the form], or on plain paper using the template below.

 

First and last name

CUSTOMER ADDRESS

 

Ardev Cosy Coffee

1, Rue François Neveu, Atrium, 47550 BOE

Tel: 09 74 04 22 04

 

"I, the undersigned, hereby notify Cosy Coffee of the exercise of my right of withdrawal concerning the sale of the goods (SPECIFIC REFERENCES), ordered on (ORDER DATE) and received on (DELIVERY DATE)."

 

Done at (CITY), on (DATE)

Signature

The products must be returned to the company COSY COFFEE at the Consumer's expense and under his responsibility, with the obligation to insure the transport.

 

Subject to compliance with the provisions of Article 16, COSY COFFEE will reimburse the products ordered for the amount indicated on the order form (return costs being the responsibility of the Customer) within 14 working days following receipt of the products, in accordance with Article L.221-24 of the Consumer Code.

The refund will be made using the same means of payment as that used for the initial payment by the Consumer.

The Consumer is only liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

 

Article 17: Returns

Only returns of products in good condition are accepted, with the exception of returns due to a product malfunction. In the absence of conformity, COSY COFFEE reserves the right to apply a discount on the returned product. The risks of transport are entirely the responsibility of the sender, who must ensure the shipment by taking all necessary steps to ensure safe delivery. Return costs are the responsibility of the sender, except in the case where the return is due to an error by COSY COFFEE in the preparation of the order.

For information purposes, for a package weighing more than 30 kg, the return costs payable by the Customer are estimated at 80 euros, with the carrier DHL, for delivery in mainland France.

For hygiene and safety reasons, unsealed consumable food products cannot be returned or exchanged.

 

Article 18: Peace of Mind Option

18.1: Coverage of return costs

Under the Peace of Mind Option, the Consumer benefits from increased coverage of return costs compared to the legal withdrawal period. If the Consumer is not satisfied with their item(s), they have an extended period of 30 working days to request a return, compared to the usual 14 working days.

 

18.2: Application

The Peace of Mind Option applies exclusively to orders delivered to mainland France. It is valid for all orders on Cosy Coffee, with the exception of the following special cases:

The order includes one or more items from the "good deals" section.

The total weight of the order exceeds 30 kilos.

The product is shipped directly by the supplier without passing through the warehouses of the company COSY COFFEE.

18.3: Billing

This service is priced according to a scale based on the amount of the Consumer's basket, as follows:

€1.90 up to €38.99

2.90 € from 39 € to 68.99 €

5.90 € from 69 € to 129.99 €

9.90 € from 130 € to 499.99 €

€14.90 from €500 to €999.99

€24.90 over €1000

18.4: Delivery

In the event of receipt of one or more damaged or broken products, the Customer must inform Customer Service within 48 hours of receiving the package.

18.5: Returns

Returns are made after obtaining a return form requested via this [link] and after specifying the reason for the return. The Consumer has 30 clear days from receipt of the package to request a return. The return form is valid for 30 clear days. Only returns of perfectly intact products are accepted, with the exception of returns due to a product malfunction. Return costs are fully covered by COSY COFFEE. Only one free return voucher is issued per order. Transport risks are entirely borne by COSY COFFEE.

 

Article 19: Applicable guarantees

The products are covered by the warranties offered by their manufacturers, the duration and conditions of which are specified in the product descriptions available on the website www.cosy-coffee.com, and/or in the warranty certificate possibly included upon delivery. In the event of a product defect, the Consumer must follow the return procedure detailed in Article 16 of these General Terms and Conditions. It is important to note that the warranty for defective products is conditional upon full payment of their price by the Consumer. Any malfunction resulting from improper use of the product or caused by external factors (such as an electrical surge) will not be covered by the warranty.

The provisions of this Article do not limit the Consumer's rights under the legal guarantee described in Articles L.217-4 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, the Consumer benefits from the following rights:

A period of 2 years from delivery of the goods to assert your rights.

The choice between repairing or replacing the property.

However, the seller may not proceed according to the Customer's choice if this entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the seriousness of the defect. In this case, the seller must, unless impossible, proceed according to the method not chosen by the Customer. If none of these solutions is implemented within one month of the complaint, the Consumer may demand a refund.

Exemption from proving the existence of the lack of conformity during the 24 months following delivery of the goods. This period is reduced to 6 months for used goods.

The Consumer may also assert the guarantee against hidden defects provided for in Article 1641 of the Civil Code. In this case, he has the choice between the cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

List of exclusions from guarantees:

Broken.

Normal wear parts such as seals, filters, cartridges, hoses, grids, etc.

Accessory related faults.

Failures due to corrosion or oxidation.

Damage caused by external causes (flood, lightning, storm, etc.).

Breakdowns, damages, failures, defects resulting from insufficient maintenance or the intervention of a person not approved by the brand.

Defects and consequences related to improper use.

Makeshift or temporary repairs.

Premature wear due to use exceeding manufacturer's recommendations or for professional purposes.

Poor assessment of the technical characteristics and description of the product.

Use of a product other than that originally intended by the manufacturer.

 

Article 20: Consumer mediation

In accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes, Cosy Coffee adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling). The contact details of the Mediator Service are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. In the event of a consumer dispute that remains unresolved after a prior written approach by consumers to Cosy Coffee, the Mediator Service may be contacted.

 

Article 21: Consumers established outside France

If you are a consumer and your main residence is located in a European Union country other than France, you can benefit, in addition to French law, from the mandatory protections provided by the law of your country of residence.

 

Article 22: Guarantees and responsibilities

22.1: The Products delivered to the Professional are deemed to conform to their description in the catalog or their commercial documentation. In the event of non-conformity noted upon delivery, the Professional must notify any defect by registered letter with acknowledgment of receipt within fifteen (15) days of receipt, providing all supporting evidence. In the absence of notification within this period, the Professional loses his right to request compensation, except in the event of gross negligence or intentional misconduct on the part of Cosy Coffee.

22.2: Cosy Coffee's liability will be limited to the reimbursement of an amount equivalent to 1.5 times the price paid by the Professional for the purchase of the defective Products, even if the damages exceed this amount, except in the event of gross negligence or intentional misconduct on the part of Cosy Coffee.

22.3: Cosy Coffee cannot be held liable for unforeseeable, indirect or immaterial damages suffered by the Professional, in particular financial or commercial losses, such as loss of profits, operating losses or any lost earnings. Cosy Coffee cannot be held liable for damage to the image or reputation of the Professional, except in the case of gross negligence or intentional misconduct. In particular, and except in the case of gross negligence or intentional misconduct, Cosy Coffee cannot be held liable for damages occurring to goods other than the Products ordered.

22.4: Cosy Coffee cannot be held liable for any damage resulting from the Professional's failure to comply with its obligations, negligence or use of the Product for purposes not intended, except in the case of gross negligence or intentional misconduct.

 

Article 23: Right of withdrawal reserved for micro-professionals

The Professional does not benefit from any right of withdrawal, unless he meets the following two cumulative conditions (article L.221-3 of the Consumer Code):

The order placed with Cosy Coffee in application of these General Terms and Conditions does not fall within its main scope of activity.

The number of employees he employs is less than or equal to five.

If the Professional meets these conditions, they have 14 days from receipt of their order to inform Cosy Coffee of their decision to withdraw. They then have 14 days following the communication of their decision to withdraw to return their product, in accordance with Article L.221-23 of the French Consumer Code. If possible, they must first inform Cosy Coffee of their intention to return the package as part of the exercise of their right of withdrawal by contacting Cosy Coffee via this email or on plain paper using the template below.

 

First and last name

CUSTOMER ADDRESS

 

Cozy Coffee

1, Rue François Neveu, Atrium, 47550 BOE

Tel: 09 74 04 22 04

 

"I, the undersigned, hereby notify Cosy Coffee of the exercise of my right of withdrawal concerning the sale of the goods (PRECISE REFERENCES), ordered on (ORDER DATE) and received on (DELIVERY DATE)."

 

Done at (CITY), on (DATE)

Signature

The products must be returned to the Cosy Coffee company at the Professional's expense and under his responsibility, with him being responsible for insuring the transport.

Subject to compliance with these provisions, Cosy Coffee will reimburse the products ordered for the amount shown on the order form (return costs are borne by the Customer) within 14 working days of receipt of the products, in accordance with Article L.221-24 of the Consumer Code.