The present terms of sale are concluded on the one hand by the company Phileas Lounge, whose registered office is located at 13 rue des ajoncs in Clohars-Carnoët, registered in the Trade and Companies Register for distance selling via specialised catalogues under Siret number 87926964500021, hereinafter referred to as “the seller” or “My Bubble Tea”, and on the other hand by any natural or legal person wishing to make a purchase via the My Bubble Tea website, hereinafter referred to as “the buyer”.
Article 1 - Purpose
These terms of sale are intended to define the contractual relationship between My Bubble Tea and the buyer and the conditions applicable to any purchase made through My Bubble Tea’s online store, whether the buyer is a professional or a consumer. The purchase of a good or service via this website implies the buyer’s unreserved acceptance of these terms of sale. These terms of sale shall prevail over any other general or special conditions not expressly approved by My Bubble Tea. My Bubble Tea reserves the right to modify its terms of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the buyer.
Article 2 - Characteristics of the goods and services offered
The products and services offered are those listed in the catalogue published on the My Bubble Tea website. These products and services are offered within the limits of available stocks. The photographs in the catalogue are as accurate as possible but cannot guarantee a perfect similarity with the product offered.
Article 3 - Prices
The prices shown in the catalogue are prices including all taxes in euros, taking into account the VAT applicable on the day the order is placed; any change in the rate may be reflected in the price of the products or services. My Bubble Tea reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalogue on the day of the order will be the only price applicable to the buyer. The prices indicated do not include delivery costs in the geographical area mentioned below.
Article 4 - Orders
The buyer who wishes to purchase a product or service must:
Fill in the identification form on which they will indicate all the requested contact details or provide their customer number if they have one; Fill in the online order form by giving all the references of the chosen products or services; Confirm the order after having checked it; Make payment under the conditions provided; Confirm the order and payment.
Order confirmation implies acceptance of these terms of sale, acknowledgement of having full knowledge of them and waiver of the right to rely on their own purchasing conditions or other conditions. All the data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will be deemed to be a signature and acceptance of the operations carried out. The seller will send confirmation of the registered order by email.
Article 5 - Terms of payment
The price is payable when the order is placed.
Payments will be made via the secure Paypal payment method (Paypal account or bank card), secure payment via Payzen, or by bank transfer. The buyer’s account will be debited when the order is paid. At the buyer’s request, a paper invoice showing VAT will be sent. Orders must be paid before shipment unless special terms have been agreed in advance by the seller.
For special terms, the gross sale price including VAT is payable within 30 days from the invoice date in the case of a prior agreement. Any additional payment period must be expressly granted and communicated in writing by the seller. Failure to pay an invoice when due entails, without any further formalities:
- The immediate enforceability of all remaining sums due.
- The application of late payment penalties at a rate at least equal to three times the legal interest rate on the unpaid amounts at the agreed due date.
- The application of a penalty equal to 12% of the total amount due including VAT, plus administrative costs, in the event of recovery through contentious or legal proceedings.
- The obligation to pay any new invoice in cash before any goods are collected.
Article 6 - Delivery
Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. The delivery address may be different from the billing address. In the case of delivery without signature, once the tracking of the shipment shows a “delivered” status, no further action may be taken. Otherwise, My Bubble Tea undertakes to take steps with the carrier to open a claim, conduct an investigation and, where appropriate, resend the products.
If the parcel is damaged at the time of delivery, it must be refused to the carrier. In case of damage during transport, a reasoned claim must be made to the carrier within three days from delivery. My Bubble Tea undertakes to replace or refund damaged products upon presentation of a photo of the packaging and clearly identifiable products. A return may also be requested. If the parcel is not received for reasons attributable to the recipient (incomplete delivery address, incomplete information on the letterbox, failure to collect the parcel from the post office within the allotted period of 15 days, etc.), the parcel will only be resent by our services after payment of new shipping costs (at the same rate as the first shipment). Delivery times (48 hours or otherwise) are given as an indication only by the postal service. Consequently, in the event of non-compliance with these deadlines by the postal service, the buyer may in no case claim damages from the seller, nor make any deduction or cancel current orders.
International delivery: Delivery times for international shipments are given for information purposes only, based on the carrier’s estimate. Consequently, in the event of non-compliance with these deadlines by the postal service, the buyer may in no case claim damages from the seller, nor make any deduction or cancel current orders. My Bubble Tea cannot be held responsible in the event of the parcel being held or seized by customs in the destination country. In such a case, My Bubble Tea undertakes, as far as possible, to provide all the documents necessary to regularise the situation. Customs duties and other taxes required by the customs authorities in the destination country are payable by the recipient.
Article 7 - Warranty
All products supplied by the seller benefit from the legal warranty provided for in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to the seller, who will take it back, exchange it or refund it (depending on available stock). All claims, requests for exchange or refund must be made to this address: sav@mybubbletea.eu.
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. Problems related to improper use, lack of maintenance, normal wear and tear, or damage caused by the customer, a third party or natural causes are excluded from the warranty.
With regard to perishable and consumable goods, these must be stored under suitable conditions. Failure to comply with these conditions cannot give rise to a claim.
Article 8 - Liability
In the online sales process, the seller is only bound by an obligation of means; their liability cannot be incurred for damage resulting from the use of the internet network such as data loss, intrusion, virus, service interruption or other involuntary problems. The consumer is expressly informed that My Bubble Tea is not the manufacturer of the products. Consequently, in the event of damage caused to a person or property due to a product defect, only the manufacturer’s liability may be sought by the consumer. Each product sold by My Bubble Tea has labelling that complies with the applicable regulations. The customer acknowledges using these products under their sole and entire responsibility. My Bubble Tea cannot therefore be held liable for any health or sanitary issue affecting any of its customers.
Article 9 - Intellectual property
All elements of the My Bubble Tea website remain the intellectual and exclusive property of My Bubble Tea. No one is authorised to reproduce, exploit, redistribute or use, in any capacity whatsoever, even partially, elements of the site, whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written agreement of My Bubble Tea.
Article 10 - Personal data
In accordance with the French law on information technology, files and freedoms of 6 January 1978, personal data relating to buyers may be subject to automated processing. My Bubble Tea reserves the right to collect information on buyers, including through the use of cookies, and, if it wishes, to transmit the collected information to commercial partners. Buyers may object to the disclosure of their contact details by notifying My Bubble Tea. Likewise, users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978.
Article 11 - Archiving - Proof
My Bubble Tea will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code. The computerised records of My Bubble Tea will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 12 - Dispute resolution
These online terms of sale are subject to French law. In the event of a dispute, jurisdiction is assigned to the competent courts of Quimper or Strasbourg, notwithstanding multiple defendants or third-party claims.