Terms & Conditions
TERMS OF SALES
These General Conditions of Sale govern exclusively the sale of the products of "Les Brûleries de la Fournaise" on the site "www.cafelafournaise.com". Accordingly, by placing an order you acknowledge that you have read, understood and accepted, without any reservation, the present General Conditions of Sale. Also, the validation by the buyer of his order on "www.cafelafournaise.com" implies acceptance by the latter of the General Conditions of Sale.
Café La Fournaise reserves the right to modify at any time these General Conditions of Sale by publishing a new version on this site. Each order placed after the publication of the new version of its General Terms and Conditions of Sale constitutes acceptance of the latter.
These Terms and Conditions shall be read in conjunction with the purchase order or invoice.
The buyer can place his order online only if he has filled in the order form on the Site.
The orders placed on the Site are registered as soon as the order is validated by the buyer (by clicking on the "Validate" button).
However, the order becomes final only when it has been confirmed by our company.
The contractual information and the GCS are presented on the Site in French and English and will be confirmed by our company at the latest at the time of delivery of the products.
Our company reserves the right to cancel or refuse any order from a buyer with whom there is a dispute relating to the payment of a previous order.
2. Availability and quantity ordered
Our product offerings and prices are valid as long as they are visible on our Site, within the limit of available stocks.
In the event of unavailability of one or more products after the order has been placed by the buyer, except in cases of force majeure, the buyer will be informed immediately and will be able to cancel his order. The refund of the sums paid will then be made by credit to the bank account of the buyer or by bank check sent to his name to the billing address within 30 days from the payment of the price by the buyer.
3.1. For any information concerning the prices of the Products, their characteristics and the delivery costs, you can ask us by mail, by telephone. No discount will be applied for prepayment.
3.2. All prices are inclusive of VAT and are expressed in (euro / dollars / Mauritian rupee), excluding delivery costs, corresponding to the Products you order, are those in effect on the day of purchase. Invoices are payable in cash.
3.3. In the event of delay or default of payment, our company may suspend all outstanding orders, without prejudice to any other course of action.
Regulations are made:
- by Internet banking
- by Cash payment
5. Delivery charges
5.1 Delivery charges shall be invoiced at the rates indicated on this site on the date of the order and calculated in particular according to the size of the order and the mode of delivery selected.
5.2 Café La Fournaise reserves the right to modify its prices and delivery charges at any time for future orders and to cancel a contract which presents errors in wording, printing or calculation by way of compensation for Any damage you may have suffered.
6. Terms of Delivery
The delivery will be made to the address indicated by you on a purchase order (s) or invoice (s), if any.
The buyer is obliged to carry out all the necessary steps to ensure the successful completion of the delivery. In this respect, it is obliged to provide all the information required for delivery (exact address, door code etc.).
All products must be signed for the day of delivery of an adult 18 years of age or older. If no one is at the address indicated at the time of the delivery attempt, an attempt will be made to notify you of delivery. We will contact you in order to try to reorganize the delivery.
Failing this, our company can not be held responsible for a defect of delivery. In such a case the products will be returned to the warehouse of our company and the buyer will have to contact our company in order to take cognizance of the steps to follow to recover the ordered products. Our company declines any responsibility for the delay of recovery by the buyer of its products.
We reserve the right to restrict deliveries in certain delivery areas.
7. Delivery time
Orders are processed within 3 days of the day of registration.
Orders placed on Friday, Saturday or Sunday are processed the following Monday.
Orders placed on a holiday will be processed on the next business day.
If the whole order is not available, our company will contact the buyer to propose to replace the product or products not available by one or other products. In case of refusal of the buyer, our company will proceed either to the reimbursement of the products unavailable or to split mailings, according to the choice of the buyer. For the balance of the order, the shipping costs will not be invoiced.
8. Late payment
8.1 Café La Fournaise reserves the right to refuse an order until payment of the entire balance due.
8.2 Any delay in payment shall give rise to interest on the balance due and the administrative and legal costs incurred.
9. The Guarantee
We guarantee the quality of our products. Thus, our company undertakes, at the choice of the buyer, to refund or exchange to him, products apparently defective or not corresponding to his order.
The products must be returned to us, new, complete, in their original state (packaging, accessories ...) and accompanied by the original purchase invoice.
No product can be refunded or exchanged until it has been redispatched and received by our company.
It will be up to the buyer to provide our company with any justification as to the reality of the anomalies or defects.
He shall refrain from intervening on his own or from involving a third party for this purpose.
The reimbursement of the products in the assumptions referred to in Articles 3 and 6 shall be made within a period of 14 days or less following receipt of the products returned by the buyer.
The refund will be made, at the choice of our company, by credit to the bank account of the buyer. No consignment for cash will be accepted for any reason.
11. Force majeure
Neither party shall have failed to fulfill its contractual obligations, to the extent that their performance is delayed, hindered or prevented by unforeseeable circumstances or force majeure. Any circumstance or irresistible fact, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which can not be prevented by the parties, in spite of all reasonable efforts, shall be regarded as fortuitous or force majeure. The party affected by such circumstances shall notify the other party within 7 working days of the date on which it becomes aware of it.
The two parties will then approach within 30 days to review the impact of the event and agree on the conditions under which the execution of the order will be continued. If the unforeseeable event or the case of force majeure has a duration of more than 60 days, the order of products may be canceled by the injured party. Exceptionally, fortuitous events or cases of force majeure other than those usually adopted by jurisprudence are considered as blocking means of transport, delivery or supplies, earthquakes, fires, storms, floods, lightning, The termination of telecommunication networks.
12. Personal use and not for resale
The customer agrees to comply with all applicable laws and regulations of Mauritius. Customer acknowledges and declares that it purchases for its own internal use only, not for resale.
We are in compliance with the requirements of the COPPA (Online Data Protection Act), we do not collect any information from anyone under the age of 18 years. On our website, our products and services are all intended for people under 18 years of age according to the Childrens Online Privacy Protection Act.
1. Acceptance and modification of the Conditions of Use
1.1 Your access and your use of the Website of Les Bruleries De La Fournaise S.A. (“Les Bruleries De La Fournaise”), including all the companies affiliated with Les Bruleries De La Fournaise, are governed by these Conditions of Use (“Conditions of Use”). Through your access, browsing and use of our Sites, you acknowledge that you have read, understood and unconditionally accepted the Conditions of Use, which we will modify from time to time.
1.2 If we decide to amend our Conditions of Use, we will upload the new version on our Sites. We therefore invite you to consult these Conditions of Use from time to time, in order to be aware of any modifications.
2. Copyright and intellectual property
2.1 The content of our Sites, including, but not limited to, the texts, trademarks, logos, graphics, photographs, videos, sounds, music, page layouts, designs, know-how, technologies, and products and processes, are the property of Les Bruleries De La Fournaise or of its affiliated companies or are used with the authorization of the owners and are therefore protected by their copyrights, trademark, patent and any other intellectual or industrial property rights they are acknowledged to own, in accordance with the laws in force.
2.2 Excepting for that which is stipulated in Article 3 below, no element of our Sites can be construed as granting any license or right to use an element presented on these same Sites.
3. Use of the Sites
3.1 You are authorised to download, present or print the content of our Sites solely for personal, non-commercial use, insofar as you record and reproduce any copyright notices or other intellectual property notices, included in the information or any other material that you download. Any other use, including the reproduction, modification, distribution, transmission or dissemination of the elements of the Sites, in full or in part, and by any means, is formally prohibited, without Les Bruleries De La Fournaise’s prior written consent.
3.2 Les Bruleries De La Fournaise does not warrant that your use of an element presented on its Sites will not violate any right held by a third-party.
4. Information considered non-confidential
4.1 All the data and information that could potentially identify you personally and that you transmit via the Internet to our Sites are protected and processed in accordance with our Confidentiality Policy (link). We invite you to read this Confidentiality Policy carefully, prior to entrusting us with your data and information that could potentially identify you personally.
4.2 Any other information or material that you communicate via the Internet to Les Bruleries De La Fournaise, by email or by any other means, including dates, questions, comments, suggestions, ideas, graphics, etc., shall not be treated as confidential or proprietary. Everything that you transmit or upload shall become the property of Les Bruleries De La Fournaise and can be used without restriction for any purpose whatsoever, including but not limited to, being reproduced, disclosed, transmitted, published, disseminated and uploaded. Specifically, Les Bruleries De La Fournaise shall be free to use all the ideas, concepts, know-how or techniques included in your communications that you send to its Sites for any purpose, including, but not limited to, the development, manufacture, advertising and commercialisation of products using such information. Any use of such information communicated by you will not be remunerated to you or to a third party.
4.3 By transmitting information, you warrant that the content material transmitted is your property, that it is not defamatory, and that its use by Les Bruleries De La Fournaise will not violate any right of a third-party. Les Bruleries De La Fournaise shall not be required to use the information transmitted.
5. Disclaimer of warranties
5.1 WITHOUT LIMITING THE SCOPE OF ARTICLE 6 BELOW, ANY MATERIAL, INFORMATION AND EVERYTHING THAT YOU FIND ON THE SITES ARE PROVIDED “AS IS”, BASED ON THEIR AVAILABILITY, AND WITHOUT ANY GUARANTEE OF ANY TYPE, WHETHER EXPLICIT OR IMPLICIT, INCLUDING, AMONG OTHERS, THE IMPLICIT GUARANTEE OF MERCHANTABILITY OR APPROPRIATENESS FOR A SPECIFIC PURPOSE.
5.2 LES BRULERIES DE LA FOURNAISE DOES NOT WARRANT THAT ITS SITES OR THEIR CONTENT WILL SATISFY YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, ACCURATE OR FREE OF ANY ERRORS.
5.3 AS NOT ALL JURISDICTIONS RECOGNISE CERTAIN WARRANTY LIMITATIONS, IT IS POSSIBLE THAT SEVERAL OF THE ABOVE-MENTIONED EXCLUSIONS DO NOT APPLY TO YOU.
5.4 Any advice or information obtained from Les Bruleries De La Fournaise in written or oral form, by or during the use of the services made available on the Sites, shall not give rise to the right to any warranty that is not expressly mentioned in these Conditions of Use.
6. Limitation of liability
6.1 You access, use and browse on our Sites at your own risk.
6.2 YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE FULL EXTENT ALLOWED BY THE APPLICABLE REGULATIONS, Les Bruleries De La Fournaise, ITS AFFILIATES AND THE COMPANIES, THAT PARTICIPATED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITES, SHALL NOT BE HELD LIABLE FOR THE DIRECT, INDIRECT OR FORTUITOUS DAMAGES OR FOR THE REPARATION OF A NON-PECUNIARY LOSS, COSTS, LOSSES, FALL IN TURNOVER OR PROFITS, OR LIABILITIES OF ANY TYPE WHATSOEVER (INCLUDING IF THE REALISATION OF SUCH A LOSS WAS KNOWN OR COULD HAVE BEEN FORESEEN BY Les Bruleries De La Fournaise), THAT CAN OCCUR FROM THE USE OF, OR, ON THE CONTRARY, THE INABILITY TO USE, THE SITES OR THEIR CONTENT.
6.3 ALL MATERIALS DOWNLOADED OR OBTAINED IN ANY OTHER MANNER DURING THE USE OF OUR SITES ARE AT YOUR RISK. Les Bruleries De La Fournaise does not assume any liability for damage or a virus that could affect your computer or your computer equipment following access or a use of the Sites or downloading elements from the Sites or for unlawful interventions in the computer systems.
6.4 Les Bruleries De La Fournaise reserves the right to interrupt or suspend all or some of the functions of its Sites. Les Bruleries De La Fournaise does not accept any liability of any type whatsoever for any interruption or suspension of all or certain functions of its Sites resulting from actions or omissions by Les Bruleries De La Fournaise or a third-party.
7. Modification of information
The content of our Sites may include inaccuracies or errors. Les Bruleries De La Fournaise reserves the right, at any time and without notice, to modify, correct or improve this content, but cannot be considered as being responsible for so.
8. Availability of products / services
Our Site can include information on Les Bruleries De La Fournaise's global products and services, not all of which will be available in all places. A reference to a Les Bruleries De La Fournaise product or service in its Sites does not mean that it will be available where you are located.
9.1 As a service rendered to our visitors, our Sites can contain hypertext links to other Internet sites that are not operated or controlled by Les Bruleries De La Fournaise. Les Bruleries De La Fournaise cannot be considered as being responsible for these sites and declines all liability concerning their content, legality, accuracy or function.
9.2 Any creation of hyperlinks with our Sites is prohibited, without Les Bruleries De La Fournaise's prior written consent.
10.1 These Conditions of Use constitute the entire agreement entered into between Les Bruleries De La Fournaise and you as regards the access and use of the Sites and their content. All other provisions issued by Les Bruleries De La Fournaise to govern its relations with you concerning, in particular, a service or the purchase of a product supplement the Conditions of Use; in the event of a conflict between them, priority is given to the other provisions.
10.2 If Les Bruleries De La Fournaise tolerates a breach by you of one of the obligations stipulated in the Conditions of Use, or does not apply a given right that is recognised to it by these Conditions of Use or by the law, this shall not, under any circumstances, be construed as a relinquishment of invoking its rights.
10.3 In the event that one of the provisions of the Conditions of Use is considered illegal by a law or a regulation, whether present or future, or by a court decision, the provision in question shall be deemed unwritten, and all the other provisions of the Conditions of Use shall continue to be binding between you and Les Bruleries De La Fournaise.
10.4 The heading of the Conditions of Use articles is only indicative and cannot alter or modify the terms in any manner whatsoever.